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62d  Congress  1  mrxrATv  (Document 

3d  Session      (  ^i^i^Aih  \  No.  1063 

TREATIES,  CONVENTIONS, 

INTERNATIONAL  ACTS, 

PROTOCOLS,  AND  AGREEMENTS 

BETWEEN 

THE  UNITED  STATES  OF  AMERICA 
AND  OTHER  POWERS 

SUPPLEMENT.  1913 

TO 

SENATE  DOCUMENT  NO.  357 

SIXTY-FIRST  CONGRESS 

SECOND  SESSION 


COMPILED  BY  GARFIELD  CHARLES 


VOL.  Ill 

PART   I-  CONVENTIONS  IN  FORCE 
PART  II-CONVENTIONS  NOT  IN  FORCE 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

I9I3 


In  the  Skxate  of  the  Unitf.d  States, 

February  5.  1913. 

Resolved.  That  five  hundred  copies  additional  of  the  supplement 
to  the  conipihition  entitled  "  Treaties,  Conventions,  International 
Acts,  and  Protoi-nls  Between  the  United  States  and  Otlier  Powers, 
seventeen  hundred  and  seventy-six  to  nineteen  hundred  and  nine," 
includinfj  treaties,  conventions,  important  protocols,  and  interna- 
tional acts  to  which  the  United  States  may  nave  Ix-cn  a  ]Darty  from 
January  first,  nineteen  hundred  and  ten,  to  March  fourth,  nineteen 
hundred  and  thirteen,  inclusive,  be  printed  as  a  Senate  document. 

Attest: 

CHARiJis  G.  Bennett. 

/Secretary. 


RefgrancB 

'  '    '^> 

'?  'J  / 

If  10 

V,  5 

Sup, 


PREFACE. 


This  compilation  was  prepared  under  the  direction  of  the  Com- 
mittee on  Foreign  Relations,  United  States  Senate,  pursuant  to  the 
resolution  of  the  Senate  of  August  16,  1912,  and  embraces  the  treaties, 
.    conventions,  international  acts,  protocols,  and  agreements  to  which 
\    the  United  States  has  been  a  party  since  January  1, 1910,  down  to  and 
including  the  session  of  Congress  ending  March  4,  1913. 

There  are  also  inserted  in  Part  II  such  treaties,  conventions,  in- 
ternational acts,  protocols,  and  agreements,  ratifications  of  which 
have  been  advised  by  the  Senate  of  the  United  States,  but  have  failed 
of  ratification  by  other  signatory  powers  or  by  the  President.    These 
_  treaties,  conventions,  etc.,  therefore,  are  of  no  binding  effect,  but  are 
"^  included  in  this  volume  because  they  may  become  operative  in  the 
future.    Although  the  ratification  of  the  treaties  with  Panama  and 
Colombia  was  advised  by  the  Senate  prior  to  January  1,  1910,  they 
c  are  inserted  in  this  volume.     These  treaties,  being  of  a  tripartite 
^  nature,  each  depending  on  the  other,  have  not  become  operative  by 
,  reason  of  the  failure  of  Colombia  to  accept  them. 

Garfield  Charles. 
Committee  on  Foreign  Relations, 

United  States  Senate. 
(3) 

\ 


CONTENTS. 


Part  I. 

Page. 

List  of  Presidents 9 

List  of  Secretaries  of  Stale 10 

Chronological  list  of  treaties,  conventions,  and  agreements  by  countries 

and  of  international  acts 12 

Conventions  in  force 17 

International  conventions  and  acts  to  which  the  United  States  is  a  party 

and  which  are  in  force 119 

Part  II. 

Treaties,  conventions,  international  acts,  protocols,  and  agreements,  rati- 
fications of  which  have  been  advised  by  the  Senate,  but  which  are  not 
In  force 183 

(5) 


PART  I. 

LIST  OF  PRESIDENTS;   LIST  OF    SECRETARIES  OF  STATE; 
CHRONOLOGICAL  LIST    OF    TREATIES.   CONVENTIONS. 
AND  AGREEMENTS  BY  COUNTRIES  AND  OF  INTER- 
NATIONAL  ACTS;    CONVENTIONS    IN   FORCE; 
INTERNATIONAL  CONVENTIONS  AND  ACTS 
TO  WHICH  THE   UNITED   STATES   IS  A 
PARTY  AND  WHICH  ARE  IN  FORCE. 


(7) 


PART  I. 


LIST  OF  PRESIDENTS. 


Presidents. 


Administration. 


Began. 


George  Washington 

John  Adams 

Thomas  Jefferson 

James  Madison 

James  Monroe 

John  Quincy  Adams 

Andrew  Jackson 

Martiia  Van  Buren 

William  Henry  Harrison 

John  Tyler 

James  K.  Polk 

Zachary  Taylor 

Millard  Fillmore 

Franklin  Pierce 

James  Buchanan , 

Abraham  Lincoln , 

Andrew  Johnson 

Ulysses  S.  Grant 

Rutherford  B.  Hayes 

James  A.  Garfield , 

Chester  A.  Arthur 

Grover  Cleveland 

Benjamin  Harrison 

Grover  Cleveland 

William  McKinley 

Theodore  Roosevelt 

William  H.  Taft 

Woodrow  Wilson 


March  4,  1789 

March  4,  1797 

March  4,  1801 

March  4,  1809 

March  4,  1817 

March  4,  1825 

March  4,  1829 

March  4,  1837 

March  4,  1841 

April  4,  1841 

March  4,  1845 

March  4,  1849 

July  9,  1850 

March  4,  1853 

March  4,  1857 

March  4,  1861 

April  15,  1865 

March  4,  1869 

March  4,  1877 

March  4,  1881 

September  19,  1881... 

March  4,  1885 

March  4,  1889 

March  4,  1893 

March  4,  1897 

September  14,  1901... 

March  4,  1909 

March  4,  1913 


Ended. 


March  4,  1797. 
March  4,  ]801. 
March  4,  1809, 
March  4,  1817. 
March  4,  1825. 
March  4,  1829. 
March  4,  1837. 
March  4,  1841. 
April  4,  1841. 
March  4,  1845. 
March  4,  1849. 
July  9,  1850. 
March  4,  1853. 
March  4,  1857. 
March  4,  1861. 
April  15,  1865. 
March  4,  1869. 
March  4,  1877. 
March  4,  1881. 
September  19,  1881. 
March  4,  1885. 
March  4,  1889. 
March  4,  1893. 
March  4,  1897. 
September  14,  1901. 
March  4,  1909. 
March  4,  1913. 


(9) 


SECRETAETES  OF  STATE. 

The  following:  list  contains  the  names  of  the  different  Secretaries, 
the  Presidents  by  whom  appointed,  and  the  dates  of  their  respective 
commissions : 


Secretaries  of  State. 


Presidents. 


John  Forsyth,  o(  Georgia. . 


IJohn  Adams. 

...do 

...do 


T  homas  Jefferson,  of  Virginia 

Edmund  Randolph,  of  Virginia 

Timothy    Pickering,   of   Pennsylvania    (Secretary   J — do. 

of  War). 

John  Marshall,  of  Virginia 

Levi  Lincoln,  of  Massachusetts  (.\ttomey  General), 

ad  interim. 

James  Madison,  of  Virginia 

Robert  Smith,  of  Maryland 

James  Monroe,  of  Virginia 

Richard  Rush,  of  Pennsylvania  (Attorney  General), 

ad  interim. 

John  Quincy  Adams,  of  Massachusetts 

Henry  Clay,  of  Kentucky 

James  A.  Hamilton,  of  New  York,  ad  interim 

Martin  Van  Buren,  of  New  York 

£dward  Livingston,  of  Louisiana 

Louis  McLane,  of  Delaware 


George  Washington . 
....do 


Thomas  Jeflerson . 

James  Madison 

do 

James  Monroe 


.do. 


J.  L.  Martin,  of  North  Carolina  (chief  clerk),  ad 
interim. 


Daniel  Webster  of  Massachusetts. 


Engh   S.    Legar^,    of   South    CaroUna    (Attorney 

General),  ad  interim. 
William  S.  Derrick,  of  Pennsylvania  (chief  clerk), 

ad  interim. 
Abel  P.  Up^ur,  of  Virginia  (Secretary  of  the  Navy). . 
John  Nelson,  of  Maryland  (Attorney  General),  ad 

interim. 

John  C.  Calhoun,  of  South  (DaroUna 

James  Buchanan,  of  Pennsylvania 


Johm  M.  Clayton,  of  Delaware . 


Daniel  Webster,  of  Massachusetts 

Charles  M.  Conrad,  of  Louisiana  (Secretary  of  War), 

ad  interim. 

Edward  Everett,  of  Massachusetts 

WiUiam  Hontar,  of  Rhode  Island  (chief  clerk),  ad 

iBtwim. 


John  Quincy  Adams. 
do 

Andrew  Jackson 

do 

do 

J. ...do 

[Martin  Van  Buren . . . 
do 


{William  H.  Harrison . 
John  Tyler 

do 


.do. 

.do. 
.do. 


do 

James  K.  Polk... 
JZachary  Taylor . . 
iMillard  Filhnore. 

do 

do 


.do. 
.do. 


Commissioned. 


September  26, 1789. 
January  2,  1794. 

[December  10,  1795. 

May  13,  18(X). 
March  5,  1801. 

March  5,  1801. 
March  6,  1809. 
April  2,  1811. 
March  10,  1SJ7. 

March  5,  1817. 
March  7,  1825, 
March  4,  1829. 
March  6,  1829. 
May  24,  1831. 
May  29,  1833. 

jjune  27,  1834. 

March  3,  1841. 

[March  5,  1841. 
May  9,  1»43. 

June  21,  1843. 

June  24,  1843. 
February  29.  1844. 

March  6,  1844, 
March  6, 1846. 

March  7,  1849. 

July  22,  1850. 
September  2, 1852. 

NoN'ember  6,  1862. 
March  3,  1863. 


(10) 


11 


Secretaries  of  State. 


William  L.  Marcy,  of  New  York 

Lewis  Cass,  of  Michigan 

William  Hunter,  of  Rhode  Island  (chief  clerk),  ad 

interim. 
Jeremiah  S.  Black,  of  Pennsylvania 


William  H.  Seward,  of  New  York. 


Elihu  B.  Washburne,  Illinois 

Hamilton  Fish,  of  New  York 

WilUam  M.  Evarts,  of  New  York. 


James  G.  Blaine,  of  Maine. 


IrederickT.  Frellnghuysen,  of  New  Jersey 

Thomas  F.  Bayard,  of  Delaware 

James  G.  Blaine,  of  Maine 

William  F.  Wharton,  of  Massachusetts  (Assistant 

Secretary),  ad  interim. 

John  W.  Foster,  of  Indiana 

William  F.  Wharton  of  Massachusetts  (Assistant 

Secretary),  ad  interim. 

Walter  Q.  Gresham,  of  Ilhnois 

Edwin  F.  Uhl,  of  Michigan  (Assistant  Secretary), 

ad  interim. 

Richard  Olney,  of  Massachusetts 

John  Sherman,  of  Ohio 

William  R.  Day,  of  Ohio 

Alvey  A.  Adee,  of  the  District  of  Columbia  (Second 

Assistant  Secretary),  ad  interim. 


John  Hay,  of  the  District  of  Columbia. 


Elihu  Root,  of  New  York , 

Robert  Bacon,  of  New  York 

Philander  C.  Knox,  of  Pennsylvania. .. 
WilUam  Jennings  Bryan,  of  Nebraska  . 


Presidents. 


Franklin  Pierce . . 
James  Buchanan. 
....do 


....do 

f  Abraham  l-incoln 

[Andrew  Johnson 

Uylsses  S.  Grant 

do , 

Rutherford  B.  Hayes. 

fJames  A.  Garfield 

[Chester  A.  Arthur 

do 

Grover  Cleveland 

Benjamin  Harrison . . . 
do , 


.do. 
.do. 


Grover  Cleveland . 
....do 


....do 

WilUam  McKinlcy. 

....do , 

do 


J. ...do 

[Theodore  Roosevth. 

do 

do 

WilUam  II.  Taft.... 
Woodrow  Wilson  ... 


Commissioned. 


March  7,  1853. 
March  6,  1857. 
December  13,  1860. 

December  17,  1860. 

[March  5,  1861. 

March  5,  1869. 
March  11,  1869. 
March  12,  1877. 

[March  5, 1881. 

December  12, 188L 
March  6,  1885. 
March  5,  1889. 
June  4,  1892. 

June  29,  1892. 
February  24,  1893. 

March  6,  1893. 
March  28,  1895. 

June  8,  1895. 
March  6,  1897. 
April  26,  1898. 
September  17, 1898. 

[September  20,  1898. 

July  7,  1905. 
January  27,  1909. 
March  5, 1909. 
March  3,  1913. 


CHRONOLOGICAL  LIST  OF  TREATIES,  CONVENTIONS, 
AGREEMENTS  BY  COUNTRIES,  AND  OF  INTERNA- 
TIONAL ACTS,  1910-1913. 


Country. 


Subject. 


Signed. 


Proclaimed. 


Pace 


Argentine  Repub- 
Uc. 

Austria-Hungary. 

Brazil 

Brazil 

Colombia 

Colombia 

Colombia  and 
Panama. 

CostaRica 

Dominican  Re- 
public. 

Ecuador 

France 

France 

France 

Great  Britain 

Great  Britain 

Great  Britian 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Honduras 

Italy  

Japan 

Japan 

Mexico 

Mexico 

Nicaragua 

Nicaragua 

Panama 

Panama  and  Co- 
lombia. 

Russia 

Salvador 

Sweden 


Natoralizalion 

Copyrights 

Naturalization 

Arbitration 

Ship  canal 

Ship  canal 

Ship  canal 

Naturalization 

E  itradi  tion 

Arbitration 

Extradition 

-Arbitration 

Arbitration 

Boundary  waters  between 
United  States  and  Canada. 

Passamaquoddy  Bay 

Pecuniary  claims 

Fur  seals 

Fur  seals 

Arbitration 

Atlantic  coast  fisheries  arbitration 

Extradition 

Commerce  and  navigation 

Commerce  and  navigation 

Fur  seals 

Arbitration  of  Chamizal  case 

Supplemental  protocol  for  arbi- 
tration of  Chamizal  case. 

Naturalization 

Naturalizat  ion 

Ship  canal 

Ship  canal 

Fiir  seals 

Extradition 

Consular 


August  9,  1909. 


January  30, 1912. 
April  27,  1908.... 
January  23, 1909. 
January  22, 1903. 
January  9, 1909.. 
January  9,  1909.. 


June  10, 1911. 
June  19, 1909. 


January  7, 1909 

January  6, 1909 

Augusts,  1911 

February  13,  1913. 
January  11, 1909... 


May  21,  1910 

August  18,  1910.... 
February  7, 1911.. 

July  7, 1911 

Augusts,  1911 

July  20,  1912 

January  15, 1909... 
February  25,  1913. 
February  21,  1911. 

July  7,  1911 

June  24, 1910 

December  5, 1910. . 

December  7,  1908. . 

June  17, 1911 

January  9,  1909 

January  9, 1909 


July?,  1911... 
April  18,  1911. 
June  1, 1910.. 


January  12, 1910. 

October  15,  1912. 

April  2,  1910 

August  2,  1911... 


June  6,  1912 

August  26,  1910. 


June  23,  1910. 
July  26,  1911.. 


March  15,1913. 
May  13,  1910... 


Septembers,  1910.. 

April  26,  1912 

December  14, 1911.. 
December  14,  1911.. 


November  16,  1912. 
July  10,  1912 


Aprils,  1911 

December  14,  1911. 
January  25, 1911... 
January  25, 1911... 


May  10,  1912. 
May  10,  1912. 


December  14,  1911. 

July  13,  1911 

March  20,  1911 


(12) 


13 


CHRONOLOGICAL  LIST  OF  TREATIES,  ETC.— Continued. 

INTERNATIONAL  ACTS  AND  CONVENTIONS. 


Subject. 


Signed. 


Proclaimed. 


Page. 


Pecuniary  claims 

Status  of  naturalized  citizens 

International  law 

Wireless  telegraphy 

Wireless  telegraphy 

International  Prize  Court 

Declaration  of  International  Naval  Conference 

Repression  of  the  circulation  of  obscene  publications. . 

Assistance  and  salvage  at  sea 

Fourth  International  Congress  of  American  States: 

Pecuniary  claims 

Literary  and  artistic  copyrights 

Protection  of  trade-mar Ifs 

Inventions,    patents,    designs,    and    industrial 
models. 

Indus! rial  property 

International  sanitation 


August  13,  1900 

August  13,  1900 

August  23,  1906 

Novembers,  1906.. 

Julys,  1912 

October  18,  1907 

February  26, 1909.., 

May  4, 1910 

September  23, 1910. 


August  11, 1910. 
August  11,  1910. 
August  22,  1910. 
August  20,  1910. 


June  2,  1911 

January  17,1912. 


January  28,  1913  . 
January  28,  1913  . 

May  1,  1912 

May  25,  1912 


April  13,  1911 

February  13,1913. 


121 
125 
129 
151 
185 
248 
206 
133 
137 

345 
349 
354 
362 

367 
390 


TREATIES  AND  CONVENTIONS  NOW  IN  FORCE. 


(15) 


AUSTRTA-TTUNGAKY. 

1912. 

Copyright  Convention. 

Signed  at  Budapest  January  SO,  1912;  ratification  advhed  hy  the 
Senate  July  23,  1912:  ratified  hy  the  President  July  SU  19121  rati- 
cations  exchanged  September  16,  1912:  proclaimed  October  15. 
1912. 


ABTICLES. 


I.  Reciprocal   protection. 
II.  Conditions  and  formalities  to  be 
observed. 
III.  Term  of  copyright  protection. 


IV.  Ratification. 
V.  Duration. 


The  President  of  the  United  States  of  America,  and  His  Majesty 
the  Emperor  of  Austria,  King  of  Bohemia  etc.  and  Apostolic  King 
of  Hungary, 

Desiring  to  provide,  between  the  United  States  of  America  and 
Hungary,  for  a  reciprocal  legal  protection  in  regard  to  copyright  of 
the  citizens  and  subjects  of  the  two  Countries,  have,  to  this  end, 
decided  to  conclude  a  Convention,  and  have  appointed  as  their  Pleni- 
potentiaries : 

The  President  of  the  United  States  of  America : 

Richard  C.  Kerens,  Ambassador  Extraordinary  and  Plenipoten- 
tiary of  the  United  States  of  America  to  His  Imperial  and  Royal 
Apostolic  Majesty ;  and  His  Majesty  the  Emperor  of  Austria,  King 
of  Bohemia  etc.  and  Apostolic  King  of  Hungary  : 

Count  Paul  Esterhazy,  baron  of  Galantha,  viscount  of  Frakno, 
Privy  Councillor  and  Chamberlain,  Chief  of  section  in  the  Ministry 
of  the  Imperial  and  Royal  House  and  of  Foreign  Affairs,  and  Dr. 
Gustavus  de  Tory,  Secretary  of  State  in  the  Royal  Hungarian  Min- 
istry of  Justice ; 

Who,  having  communicated  to  each  other  their  full  powers,  found 
to  be  in  good  and  due  form,  have  agreed  as  follows: 

Abticle  1. 

Authors  who  are  citizens  or  subjects  of  one  of  the  two  countries  or 
their  assigns  shall  enjoy  in  the  other  country,  for  their  literary, 
artistic,  dramatic,  musical  and  photographic  works  (whether  unpub- 
lished or  published  in  one  of  the  two  countries)  the  same  rights  which 
the  respective  laws  do  now  or  may  hereafter  grant  to  natives. 

The  above  provision  includes  the  copyright  control  of  mechanical 
musical  reproductions. 

76844°— S.  Doc.  1063,  62-5 2  (17) 


18 
Article  2. 

The  enjoyment  and  the  exercise  of  the  rights  secured  by  the  pres- 
ent Convention  are  subject  to  the  performance  of  the  conditions  and 
formalities  prescribed  by  the  hiws  and  regulations  of  the  country 
where  protection  is  claimed  under  the  present  Convention ;  such  en- 
joyment and  such  exercise  are  independent  of  the  existence  of  pro- 
lection  in  the  country  of  origin  of  the  work. 

Ajrticle  3. 

The  term  of  copyright  protection  granted  by  the  present  Conven- 
tion shall  be  regulated  by  the  law  of  the  country  where  protection 
is  claimed. 

Article  4. 

The  present  Convention  shall  be  ratified  and  the  ratifications  shall 
be  exchanged  at  Washington  as  soon  as  possible. 

Article  5. 

The  present  Convention  shall  be  put  in  force  one  month  after  the 
exchange  of  ratifications,  and  shall  remain  in  force  until  the  termina- 
tion of  a  year  from  the  day  on  which  it  may  have  been  denounced. 

In  faith  whereof  the  Plenipotentiaries  have  signed  the  present 
Convention  in  two  copies,  each  in  the  English  and  Hungarian  lan- 
guages, and  have  affixed  thereto  their  seals. 

Done  at  Budapest,  the  30th  day  of  January  1912. 
[seal]  Richard  C  Kerens 

[seal]  Esterhazy  Pal 

[seal]  Tory  Gusztav 


BRAZIL.. 

1908. 

Natuealization  Convention. 

Signed  at  Rio  de  Janeiro  April  27  1908;  ratification  advised  hy  the 
Senate  December  10^  1908;  ratified  hy  the  President  Decerriber  S6, 
1908;  ratified  hy  Brazil  December  6,  1909;  ratifications  exchanged 
at  Rio  de  Janeiro  February  28,  1910;  proclaimed  April  2,  1910. 


Abticles. 


I.  Naturalization  recognized. 
11.  Renunciation  of  naturalization. 
III.  Definition  of  citizen. 


IV.  Liability  for  prior  offenses. 

V.  Declaration  of  intention. 
VI.  Ratification:  duration. 


The  United  States  of  America  and  the  United  States  of  Brazil, 
led  by  the  wish  to  regulate  the  status  of  their  naturalized  citizens 
who  again  take  up  their  residence  in  the  country  of  their  origin, 
have  resolved  to  make  a  Convention  on  this  subject,  and  to  this  end 
have  appointed  for  their  Plenipotentiaries,  viz : 

The  President  of  the  United  States  of  America,  the  Ambassador 
Extraordinary  and  Plenipotentiary  of  the  United  States  of  America 
near  the  Government  of  the  United  States  of  Brazil,  Irving  B.  Dud- 
ley; and 

The  President  of  the  United  States  of  Brazil,  the  Minister  of 
State  for  Foreign  Relations,  Jose  Maria  da  Silva  Paranhos  do  Rio- 
Branco ; 

Who,  thereunto  duly  authorized,  have  agreed  upon  the  following 
articles : 

Article  I 

Citizens  of  the  United  States  of  America  who  may  or  shall  have 
been  naturalized  in  the  United  States  of  Brazil  upon  their  own 
application  or  by  their  own  consent,  will  be  considered  by  the  United 
States  of  America  as  citizens  of  the  United  States  of  Brazil.  Recip- 
rocally, Brazilians  who  may  or  shall  have  been  naturalized  in  the 
United  States  of  America  upon  their  own  application  or  by  their  own 
consent  will  be  considered  by  the  United  States  of  Brazil  as  citizens 
of  the  United  States  of  America. 

Article  II 

If  a  citizen  of  the  United  States  of  America,  naturalized  in  the 

United  States  of  Brazil,  renews  his  residence  in  the  United  States 

of  America,  with  the  intention  not  to  return  to  the  United  States 

(19) 


20 

of  Brazil,  he  shall  be  held  to  have  renounced  his  naturalization  in  the 
United  States  of  Brazil:  and,  reciprocally,  if  a  citizen  of  the  United 
States  of  Brazil,  naturalized  in  the  United  States  of  America,  renews 
his  residence  in  the  United  States  of  Brazil,  with  the  intention  not 
to  return  to  the  United  States  of  America,  he  shall  be  held  to  have 
renounced  his  naturalization  in  the  United  States  of  America. 

The  intention  not  to  return  may  be  held  to  exist  when  the  person 
naturalized  in  one  of  the  two  countries  resides  more  than  two  years 
in  the  other;  but  this  presumption  may  be  destroyed  by  evidence  to 
the  contrary. 

Akticle  III 

It  is  agreed  that  the  word  "  citizen  ",  as  used  in  this  Convention, 
means  any  person  whose  nationality  is  that  of  the  United  States  of 
America  or  the  United  States  of  Brazil. 

A_RTICLE  IV 

A  naturalized  citizen  of  the  one  party,  on  retuminor  to  the  territory 
of  the  other,  remains  liable  to  trial  and  punishment  for  an  action 
punishable  by  the  laws  of  his  original  country,  and  committed  before 
his  emigration,  but  not  for  the  emigration  itself,  saving  always  the 
limitation  established  by  the  laws  of  his  original  country,  and  any 
other  remission  of  liability  to  punishment. 

Article  V 

The  status  of  a  naturalized  citizen  may  be  acquired  only  through  the 
means  established  by  the  laws  of  each  of  the  countries  and  never  by 
one's  declaration  of  intention  to  become  a  citizen  of  one  or  the  other 
country. 

Article  VI 

The  present  Convention  shall  be  submitted  for  the  approval  and 
ratification  of  the  competent  authorities  of  the  contracting  parties 
and  the  ratifications  shall  be  exchanged  at  the  city  of  Rio  de  Janeiro 
within  two  years  from  the  date  of  this  Convention. 

It  shall  enter  into  full  force  and  effect  immediately  after  the 
exchange  of  ratifications,  and  in  case  either  of  the  two  parties  notify 
the  other  of  its  intention  to  terminate  the  same,  it  shall  continue  in 
force  for  one  year  counting  from  the  date  of  said  notification. 

In  witness  whereof  the  Plenipotentiaries  above  mentioned  have 
signed  the  present  Convention,  affixing  thereto  their  seals. 

Done  in  duplicate,  each  in  the  two  languages,  English  and  Portu- 
giiese,  at  the  city  of  Rio  de  Janeiro,  this  twenty-seventh  day  of  April 
nineteen  hundred  and  eight. 

[seal.]  Irvikg  B  Dudley 

[seal.]  Rio-Branco. 


BRAZIL. 

1909. 

Arbitration  Convention. 

Signed  at  Washington  January  23,  1909,'  ratification  advised  by  the 
/Senate  January  27,  1909/  ratified  by  the  President  March  1,  1909; 
ratified  by  Brazil  January  2,  1911;  ratifications  exchanged  at 
Washington  July  26,  1911;  proclaimed  August  2, 1911, 

ARTICLES. 

I.  Differences  to  be  submitted.  I  III.  Ratification. 

II.  Special  agreement.  |   IV.  Duration. 

The  President  of  the  United  States  of  America  and  the  President 
of  the  United  States  of  Brazil,  desiring  to  conclude  an  Arbitration 
Convention  in  pursuance  of  the  principles  set  forth  in  Articles  XV 
to  XIX  and  in  Article  XXI  of  the  Convention  for  the  Pacific  Settle- 
ment of  International  Disputes,  signed  at  The  Hague  on  July  29th, 
1899,  and  in  Articles  XXXVII  to  XL  and  Article  XLII  of  the 
Convention  signed  at  the  same  city  of  The  Hague  on  October  18th, 
1907,  have  named  as  their  Plenipotentiaries,  to  wit: 

The  President  of  the  United  States  of  America,  Elihu  Root,  Sec- 
retary of  State  of  the  United  States;  and 

The  President  of  the  United  States  of  Brazil,  His  Excellency 
Senhor  Joaquim  Nabuco,  Ambassador  Extraordinary  and  Plenipo- 
tentiary to  the  Government  of  the  United  St^ites  of  America,  Member 
of  the  Permanent  Court  of  Arbitration  of  The  Hague; 

AVho,  after  having  communicated  to  one  another  their  full  powers, 
found  in  good  and  due  form,  have  agreed  upon  the  following  articles: 

Article  I. 

Differences  which  may  arise  of  a  legal  nature  or  relating  to  the 
interpretation  of  treaties  existing  between  the  two  High  Contracting 
Parties,  and  which  it  may  not  have  been  possible  to  settle  by  diplo- 
macy, shall  be  referred  to  the  Permanent  Court  of  Arbitration  estab- 
lished at  The  Hague,  provided,  nevertheless,  that  they  do  not  affect 
the  vital  interests,  the  independence,  or  the  honor  of  the  two  High 
Contracting  Parties,  and  do  not  concern  the  interests  of  third  Parties, 
and  it  being  further  understood  that  in  case  either  of  the  two  High 
Contracting  Parties  shall  so  elect  any  arbitration  pursuant  hereto 
shall  be  had  before  the  Chief  of  a  friendly  State  or  arbitrators  selected 
without  limitation  to  the  lists  of  the  aforesaid  Hague  Tribunal. 

(21) 


22 

Abticle  II. 

In  each  individual  case  the  two  High  Contractino:  Parties,  before 
appealin<r  to  the  Permanent  Court  of  Arbitration  of  The  Hague  or  to 
other  arbitratoi-s  or  arbitrator,  shall  conclude  a  special  agreement 
defining  clearly  the  matter  in  dispute,  the  scope  of  the  powere  of  the 
arbitrator  or  arbitrators  and  the  periods  to  be  fixed  for  the  fonnation 
of  the  Court,  or  for  the  selection  of  the  arbitrator  or  arbitrators,  and 
for  the  several  stages  of  the  procedure.  It  is  understood  that  on  the 
part  of  the  United  States  of  America  such  special  agreement  will  be 
made  by  the  President  of  the  United  States  of  America  by  and  with 
the  advice  and  consent  of  the  Senate  thereof,  and  by  the  President  of 
the  United  States  of  Brazil  with  the  approval  of  the  two  Houses  of 
tlie  Federal  Congress  thereof. 

Article  III. 

The  present  Convention  will  be  in  force  for  a  period  of  five  years, 
dating  from  the  day  of  the  exchange  of  its  ratifications,  and,  if  not 
denounced  six  months  before  the  end  of  the  aforesaid  term,  will  be 
renewed  for  an  equal  period  of  five  years,  and  so  on,  successively. 

Article  IV. 

The  present  Convention  shall  be  ratified  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and  consent  of 
the  Senate  thereof;  and  by  the  President  of  the  United  States  of 
Brazil,  with  the  authorization  of  the  Federal  Congress  thereof.  The 
ratifications  shall  be  exchanged  in  the  city  of  Washington  as  soon 
as  possible,  and  the  Convention  shall  take  effect  immediately  after 
the  exchange  of  the  ratifications. 

In  testimony  whereof,  we,  the  aforesaid  Plenipotentiaries,  have 
signed  the  present  instrument  in  duplicate,  in  the  English  and  Portu- 
guese languages,  and  have  affixed  thereto  our  seals. 

Done  in  the  city  of  Washington,  this  23rd  day  of  January,  in  the 
year  one  thousand  nine  hundred  and  nine. 

Elihu  Root  [seal] 

JOAQUIM    NaBUCO       [seal] 


COSTA  RICA. 

1911. 

Naturatjzation  Convention". 

Signed  at  San  Jose  June  10^  1911 ;  ratification  advised  hy  the  Senate 
February  Ik,  1912;  ratified  hy  the  President  March  29,  1912; 
ratified  hy  Costa  Rica  August  5,  1911 ;  ratifications  exchanged  at 
San  Jose  May  9,  1912/  proclaimed  June  6,  1912. 


Articles. 


I.  Naturalization  recognized. 
II.  Renunciation  of  naturalization. 
III.  Definition  of  citizen. 


IV.  Liability  for  prior  offenses. 

V.  Declaration  of  intention. 
VI.  Effect ;   duration ;   ratification. 


The  President  of  the  United  States  of  America  and  the  President 
of  the  Republic  of  Costa  Rica,  desiring  to  regulate  the  citizenship 
of  those  persons  who  emigrate  from  the  United  States  of  America 
to  Costa  Rica  and  from  Costa  Rica  to  the  United  States  of  America, 
have  resolved  to  conclude  a  convention  on  this  subject  and  for  that 
purpose  have  appointed  their  plenipotentiaries  to  conclude  a  con- 
vention, that  is  to  say :  the  President  of  the  United  States  of  Amer- 
ica, G.  L.  Monroe,  Jr.  Charge  d'Affaires  ad  interim  of  the  United 
.States  at  Costa  Rica,  and  the  President  of  Costa  Rica  sehor  Licenci- 
ado  don  Manuel  Castro  Quesada,  Minister  for  Foreign  Affairs,  who 
have  agreed  to  and  signed  the  following  articles: 

Article  I. 

Citizens  of  the  United  States  who  may  or  shall  have  been  natural- 
ized in  Costa  Rica,  upon  their  own  application  or  by  their  own 
consent,  will  be  considered  by  the  United  States  as  citizens  of  the 
Republic  of  Costa  Rica.  Reciprocally,  Costa  Ricans  who  may  or 
shall  have  been  naturalized  in  the  IJnited  States  upon  their  own 
application  or  with  their  own  consent,  will  be  considered  by  the 
Republic  of  Costa  Rica  citizens  of  the  United  States. 

Article  II. 

If  a  Costa  Rican,  naturalized  in  the  United  States  of  America,  re- 
news his  residence  in  Costa  Rica  without,  intent  to  return  to  the 
United  States,  he  may  be  held  to  have  renounced  his  naturalization 
in  the  United  States.  Reciprocally,  if  a  citizen  of  the  United  States, 
naturalized  in  Costa  Rica,  renews  his  residence  in  the  United  States, 
without  intent  to  return  to  Costa  Rica,  he  may  be  presumed  to  have 
renounced  his  naturalization  in  Costa  Rica. 

(23) 


24 

Tlie  intent  not  to  return  may  be  held  to  exist  when  the  person  nat- 
uralized in  the  one  country,  resides  more  than  two  years  in  the  other 
country,  but  this  presumption  may  be  destroyed  by  evidence  to  the 
contrary. 

Article  III. 

It  is  mutually  ao;reed  that  the  definition  of  the  word  "  citizen  "  as 
used  in  this  convention,  shall  be  held  to  mean  a  person  to  whom 
nationality  of  the  United  States  or  Costa  Rica  attaches. 

Article  IV. 

A  recognized  citizen  of  the  one  party,  returning  to  the  territory  of 
the  other,  remains  liable  to  trial  and  legal  punishment  for  an  action 
punishable  by  the  laws  of  his  original  country  and  committed  before 
his  emigration;  but  not  for  the  emigration  itself,  saving  always  the 
limitation  established  by  the  laws  of  his  original  country,  and  any 
other  remission  of  liability  to  punishment. 

Article  V. 

The  declaration  of  intention  to  become  a  citizen  of  the  one  or  the 
other  country  has  not  for  either  party  the  effect  of  naturalization. 

Article  VI. 

The  present  convention  shall  go  into  effect  immediately  on  the  ex- 
change of  ratifications,  and  in  the  event  of  either  party  giving  the 
other  notice  of  its  intention  to  terminate  the  convention  it  shall 
continue  to  be  in  effect  for  one  year  more,  to  count  from  the  date  of 
such  notice. 

The  present  convention  shall  be  submitted  to  the  approval  and 
ratification  of  the  respective  appropriate  authorities  of  each  of  the 
contracting  parties,  and  the  ratifications  shall  be  exchanged  at  San 
Jose  or  Washington  within  twenty-four  months  of  the  date  hereof. 

Signed  at  the  city  of  San  Jose  on  the  10th  day  of  June  one  thousand 
nine  hundred  and  eleven. 

[seal.]  G.  L.  Monroe  Jr 

[seal,]  Manuel  Castro  Quesada 


DOMINICAlSr  REPUBLIC. 

1909. 

ExTRADi'noN  Convention. 

Signed  at  Santo  Domingo  June  19^  1009;  ratification  advised  hy  the 
Senate  with  amendment  Jidy  26,  1009;  ratified  hy  the  President 
Apinl  29,  1910;  ratified  hy  Dominican  Repuhlic  July  11,  1910; 
ratifications  exchanged  at  Santo  Domingo  August  2,  1910;  yro- 
claimed  August  26,  1910. 

Articles. 


IX.  Expenses. 

X.  Property    in    possession    of    ac- 
cused. 
XI.  Procedure. 
XII.  Provisional  detention. 

XIII.  Assistance  of  legal  officers. 

XIV.  Effect,  duration,  ratification. 


I.  Delivery  of  accused. 
II.  Extraditable  offenses. 

III.  Political  offenses. 

IV,  Offense  for  which  to  be  tried. 
V.  Limitations. 

VI.  Extradition  deferred. 
VII.  Claimed  by  other  nations. 
VIII.  Nondelivery  of  citizens. 

The  United  States  of  America  and  the  Dominican  Republic,  having 
judged  it  expedient,  with  a  view  to  the  better  administration  of 
justice  and  to  the  prevention  of  crimes  within  their  respective  terri- 
tories and  jurisdictions,  that  persons  convicted  of  or  charged  witli  the 
crimes  hereinafter  specified,  and  being  fugitives  from  justice,  should, 
under  certain  circumstances,  be  reciprocally  delivered  up,  have  re- 
.-olved  to  conclude  a  convention  for  that  purpose,  and  have  appointed 
as  their  plenipotentiaries : 

The  President  of  the  United  States  of  America,  Fenton  R. 
IMcCreery,  Minister  Resident  and  Consul  General  of  the  United  States 
of  America,  and  the  President  of  the  Dominican  Republic,  Don 
Emilio  Tejera  Bonetti,  Acting  Secretary'  of  State  for  Foreign  Affairs 
of  the  Dominican  Republic,  who,  after  reciprocal  communication  of 
their  full  powers,  found  in  good  and  due  form,  have  agreed  upon  the 
following  articles,  to  wit : 

Article  I. 

It  is  agreed  that  the  Government  of  the  United  States  and  the 
Government  of  the  Dominican  Republic  shall,  upon  mutual  requisi- 
tion duly  made  as  herein  provided,  deliver  up  to  justice  any  person 
who  may  be  charged  with,  or  may  have  been  convicted  of  any  of  the 
crimes  specified  in  article  two  of  this  Convention  committed  within 
the  jurisdiction  of  one  of  the  Contracting  Parties  while  said  person 
was  actually  within  such  jurisdiction  when  the  crime  was  committed, 
and  who  shall  seek  an  asylum  or  shall  be  found  within  the  territories 
of  the  other,  provided  that  such  surrender  shall  take  place  only  upon 

(25) 


26 

such  evidence  of  criminality,  as  according  to  the  laws  of  the  place 
where  the  fugitive  or  person  so  charged  shall  he  found,  would  justify 
his  apprehension  and  commitment  for  trial  if  the  crime  or  offence  had 
been  there  committed. 

Artici>e  it. 

Persons  shall  be  delivered  up  according  to  the  provisions  of  this 
Convention,  who  shall  have  been  charged  with  or  convicted  of  any 
of  the  following  crimes: 

1.  Murder,  comprehending  the  crimes  designated  by  the  terms  of 
parricide,  assassination,  manslaughter,  when  voluntary,  poisoning  or 
infanticide. 

2.  The  attempt  to  commit  murder. 

3.  Rape,  abortion,  carnal  knowledge  of  children  under  the  age  of 
twelve  years. 

4.  Bigamy. 

5.  Arson. 

6.  Willful  and  unlawful  destruction  or  obstruction  of  railroads, 
which  endangers  human  life. 

7.  Crimes  committed  at  sea : 

(a)  Piracy,  as  commonly  known  and  defined  by  the  laws  of  Nations ; 

(b)  Wrongfully  sinking  or  destroying  a  vessel  at  sea  or  attempting 
to  do  so ; 

(c)  Mutiny  or  conspiracy  by  two  or  more  members  of  the  crew 
or  other  persons  on  board  of  a  vessel  on  the  high  seas,  for  the  pur- 
pose of  rebelling  against  the  authority  of  the  Captain  or  Commander 
of  such  vessel,  or  by  fraud  or  violence  taking  possession  of  such 
vessel ; 

(d)  Assault  on  board  ships  upon  the  high  seas  with  intent  to  do 
bodily  harm. 

8.  JBurglary,  defined  to  be  the  act  of  breaking  into  and  entering 
the  house  of  another  in  the  night  time  with  intent  to  commit  a  fel- 
ony therein ; 

9.  The  act  of  breaking  into  and  entering  into  the  offices  of  the 
Government  and  public  authorities,  or  the  offices  of  banks,  bank- 
ing houses,  saving  banks,  trust  companies,  insurance  companies,  or 
other  buildings  not  dwellings  with  intent  to  commit  a  felony  therein. 

10.  Robbery,  defined  to  be  the  act  of  feloniously  and  forcibly 
taking  from  the  person  of  another,  goods  or  money  by  violence  or  by 
putting  him  in  fear. 

11.  Forgery  or  the  utterance  of  forged  papers. 

12.  The  forgery  or  falsification  of  the  official  acts  of  the  Govern- 
ment or  public  authority,  including  Courts  of  Justice,  or  the  utter- 
ing or  fraudulent  use  of  any  of  the  same. 

13.  The  fabrication  of  counterfeit  money,  whether  coin  or  paper, 
counterfeit  titles  or  coupons  of  public  debt,  created  by  National, 
State,  Provincial,  Territorial,  Local  or  Municipal  Governments, 
bank  notes  or  other  instruments  of  public  credit,  counterfeit  seals, 
stamps,  dies  and  rnarks  of  State  or  public  administrations,  and  the 
utterance,  circulation  or  fraudulent  use  of  the  above  mentioned 
objects. 

II.  Embezzlement  or  criminal  malversation  committed  onthin  the 
jurisdiction  of  one  or  the  other  party  by  public  officers  or  depositaries, 
where  the  amount  embezzled  exceeds  two  hundred  dollars. 


27 

15.  Embezzlement  by  any  person  or  persons  hired,  salaried  or 
employed,  to  the  detriment  of  their  employers  or  principals,  when  the 
crime  or  offence  is  punishable  by  imprisonment  or  other  corporal 
punishment  by  the  laws  of  both  countries,  and  where  the  amount 
embezzled  exceeds  two  hundred  dollars. 

16.  Kidnapping  of  minors  or  adults,  defined  to  be  the  abduction 
or  detention  of  a  person  or  persons,  in  order  to  exact  money  from 
them  or  their  families,  or  for  any  other  unlawful  end. 

17.  Larceny,  defined  to  be  the  theft  of  effects,  personal  property, 
or  money  of  the  value  of  twenty-five  dollars  or  more. 

18.  Obtaining  money,  valuable  securities  or  other  property  by 
false  pretenses  or  receiving  any  money,  valuable  securities  or  other 
property  knowing  the  same  to  have  been  unlawfully  obtained,  where 
the  amount  of  money  or  the  value  of  the  property  so  obtained  or 
received  exceeds  two  hundred  dollars. 

19.  Perjury  or  subornation  of  perjury. 

20.  Fraud  or  breach  of  trust  by  a  bailee,  banker,  agent,  factor, 
trustee,  executor,  administrator,  guardian,  director  or  officer  of  any 
Company  or  Corporation,  or  by  any  one  in  any  fiduciary  position, 
where  the  amount  of  money  or  the  value  of  the  property  misappropri- 
ated exceeds  two  hundred  dollars. 

21.  Crimes  and  offences  against  the  laws  of  both  countries  for  the 
suppression  of  slavery  and  slave  trading. 

22.  The  extradition  is  also  to  take  place  for  participation  in  any 
of  the  aforesaid  crimes  as  an  accessory  before  or  after  the  fact,  pro- 
vided such  participation  be  punishable  by  imprisonment  by  the  laws 
of  botJi  Contracting  Parties. 

Articue  III. 

The  provisions  of  this  Convention  shall  not  import  claim  of  extra- 
dition for  any  crime  or  offence  of  a  political  character,  nor  for  acts 
connected  with  such  crimes  or  offences;  and  no  persons  surrendered 
by  or  to  either  of  the  Contracting  Parties  in  virtue  of  this  Convention 
shall  be  tried  or  punished  for  a  political  crime  or  offence.  When  the 
offence  charged  comprises  the  act  either  of  murder  or  assassination  or 
of  poisoning,  either  consummated  or  attempted,  the  fact  that  the 
offence  was  committed  or  attempted  against  the  life  of  the  Sovereign 
or  Head  of  a  foreign  State  or  against  the  life  of  any  member  of  his 
family,  shall  not  be  deemed  sufficient  to  sustain  that  such  a  crime  or 
offence  was  of  a  political  character,  or  was  an  act  connected  with 
crimes  or  offences  of  a  political  character. 

Article  TV. 

No  persons  shall  be  tried  for  any  crime  or  offence  other  than  that 
for  which  he  was  surrendered. 

Article  V.  •  • 

A  fugitive  criminal  shall  not  be  surrendered  under  the  provisions 
hereof,  when,  from  lapse  of  time  or  other  lawful  cause,  according  to 
the  laws  of  the  place  within  the  jurisdiction  of  which  the  crime  was 
committed,  the  criminal  is  exempt  from  prosecution  or  punishment 
for  the  offence  for  which  the  surrender  is  asked. 


28 

Article  VI. 

If  a  fugitive  criminal  whose  surrender  may  be  claimed  pursuant  to 
the  stipulations  hereof,  be  actually  under  prosecution,  out  on  bail  or 
in  custody,  for  a  crime  or  offence  committed  in  the  country  where  he 
has  sought  asylum,  or  shall  have  been  convicted  thereof,  his  extra- 
dition may  be  deferred  until  such  proceedings  be  determined,  and, 
until  he  shall  have  been  set  at  liberty  in  due  course  of  law. 

Article  VII. 

If  a  fugitive  criminal  claimed  by  one  of  the  parties  hereto,  shall  be 
also  claimed  by  one  or  more  powers  pursuant  to  treaty  provisions, 
on  account  of  crimes  committed  within  their  jurisdiction,  such 
criminal  shall  be  delivered  to  that  State  whose  demand  is  first 
received. 

Article  \r[II. 

Under  the  stipulations  of  this  convention,  neither  of  the  Contract- 
ing Parties  shall  be  bound  to  deliver  up  its  own  citizens  or  subjects. 

Article  IX. 

The  expense  of  the  arrest,  detention,  examination  and  transporta- 
tion of  the  accused  shall  be  paid  by  tho  Goverimient  which  has  pre- 
ferred the  demand  for  extradition. 

Article  X. 

Everytliing  found  in  the  possession  of  the  fugitive  criminal  at  the 
time  of  his  arrest,  whether  being  the  proceeds  of  the  crime  or  offence, 
or  which  may  be  material  as  evidence  in  making  proof  of  the  crime, 
shall,  so  far  as  practicable,  according  to  the  laws  of  either  of  the 
Contracting  Parties,  be  delivered  up  with  his  person  at  the  time  of 
the  surrender.  Nevertheless,  the  rights  of  a  third  party  with  regard 
to  the  articles  aforesaid,  shall  be  duly  respected. 

Article  XI. 

The  stipulations  of  this  Convention  shall  be  applicable  to  all  ter- 
ritory wherever  situated,  belonging  to  either  of  the  Contracting 
Parties  or  in  the  occupancy  and  under  the  control  of  either  of  them, 
during  such  occupancy  or  control. 

Requisitions  for  the  surrender  of  fugitives  from  justice  shall  be 
made  by  the  respective  diplomatic  agents  of  the  Contracting  Parties. 
In  the  event  of  the  absence  of  such  agents  from  the  country  or  its 
seat  of  Government,  or  where  extradition  is  sought  from  territoi*y 
included  in  the  preceding  paragraph,  other  than  the  United  States 
or  the  Dominican  Republic,  requisition  may  be  made  by  superior 
consular  oflicers. 

It  shall  be  competent  for  such  diplomatic  or  superior  consular 
officci-s  to  ask  and  ol)tain  a  mandate  or  preliminary  warrant  of  arrest 
for  the  person  whose  surrender  is  sought,  whereupon  the  judges  and 


29 

magistrates  of  the  two  Governments  shall  respectively  have  power 
and  authority,  upon  complaint  made  under  oath,  to  issue  a  warrant 
for  the  apprehension  of  the  person  charged,  in  order  that  he  or  she 
may  be  brought  before  such  judge  or  magistrate,  that  the  evidence 
of  criminality  may  be  heard  and  considered ;  and  if,  on  such  hearing, 
the  evidence  be  deemed  sufficient  to  sustain  the  charge,  it  shall  be 
the  duty  of  the  examining  judge  or  magistrate  to  certify  the  same  to 
the  proper  executive  authority,  that  a  warrant  may  issue  for  the 
surrender  of  the  fugitive. 

If  the  fugitive  criminal  shall  have  been  convicted  of  the  crime  for 
which  his  surrender  is  asked,  a  copy  of  the  sentence  of  the  Court 
before  which  such  conviction  took  place,  duly  authenticated,  shall  be 
produced.  If,  however,  the  fugitive  is  merely  charged  with  crime,  a 
duly  authenticated  copy  of  the  warrant  of  arrest  in  the  country 
where  the  crime  was  committed,  and  of  the  depositions  upon  which 
such  warrant  may  have  been  issued,  shall  be  produced  with  such 
other  evidence  or  proof  as  may  be  deemed  competent  in  the  case. 

Article  XII. 

If,  when  a  person  accused  shall  have  been  arrested  ill  virtue  of 
the  mandate  or  preliminary  v/arrant  of  arrest,  issued  by  the  com- 
petent authority  as  provided  in  Article  XI  hereof,  and  been  brought, 
before  a  judge  or  magistrate  to  the  end  that  the  evidence  of  his  or 
her  guilt  may  be  heard  and  examined  as  herein  before  provided,  it 
shall  appear  that  the  mandate  or  preliminary  warrant  of  arrest  has 
been  issued  in  pursuance  of  a  request  or  declaration  received  by 
telegraph  from  the  Government  asking  for  the  extradition,  it  shall 
be  competent  for  the  judge  or  magistrate  at  his  discretion  to  hold 
the  accused  for  a  period  not  exceeding  two  months,  so  that  the 
demanding  Government  may  have  opportunity  to  lay  before  such 
judge  or  magistrate  legal  evidence  of  the  guilt  of  the  accused,  and  if, 
at  the  expiration  of  said  period  of  two  months,  such  legal  evidence 
shall  not  have  been  produced  before  such  judge  or  magistrate,  the 
person  arrested  shall  be  released,  provided  that  the  examination  of 
the  charges  preferred  against  such  accused  person  shall  not  be  actu- 
ally going  on. 

Article  XIII. 

In  every  case  of  a  request  made  by  either  of  the  two  Contracting 
Parties  for  the  arrest,  detention  or  extradition  of  fugitive  criminals, 
the  legal  officers  or  fiscal  ministry  of  the  country  where  the  proceed- 
ings of  extradition  are  had,  shall  assist  the  officers  of  the  Government 
demanding  the  extradition  before  the  respective  judges  and  magis- 
trates, by  every  legal  means  within  their  or  its  power;  and  no  claim 
whatever  for  compensation  for  any  of  the  services  so  rendered  shall 
be  made  against  the  Government  demanding  the  extradition,  pro- 
vided however,  that  any  officer  or  officers  of  the  surrendering  Gov- 
ernment so  giving  assistance,  who  shall,  in  the  usual  course  of  their 
duty,  receive  no  salary  or  compensation  other  than  specific  fees  for 
services  performed,  shall  be  entitled  to  receive  from  the  Government 
demanding  the  extradition  the  customary  fees  for  the  acts  or  services 
performed  by  them,  in  th-e  same  manner  and  to  the  same  amount  as 


30 

though  such  acts  or  services  had  been  performed  in  ordinary  criminal 
proceedings  under  the  laws  of  the  country  of  which  they  are  officers. 

Article  XIV. 

This  Convention  shall  take  effect  from  the  day  of  the  exchange  of 
the  ratifications  thereof;  but  either  Contracting  Party  may  at  any 
time  terminate  the  same  on  giving  to  the  other  six  months  notice  of 
its  intention  to  do  so. 

The  ratifications  of  the  present  Treaty  shall  be  exchanged  at  the 
City  of  Santo  Domingo  as  soon  as  possible. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  above  articles,  and  have  hereunto  affixed  their  seals. 

Done,  in  duplicate,  at  the  City  of  Santo  Domingo,  this  nineteenth 
day  of  June,  one  thousand  nine  hundred  and  nine. 

[seal]  Fextox  R  McCreery 

[seal]  E  Tejera  Boxetti 


ECUADOR. 

1909. 

Arbitration  Convention. 

Signed  at  Washington  January  7,  1909;  rati-jication  advised  hy  the 
Senate  January  13,  1909;  ratified  hy  the  President  March  1,  1909; 
ratified  by  Ecuador  A^ovemher  o,  1909;  ratifications  exchanged  at 
Washington  June  22,  1910;  proclaimed  June  23,  1910. 

Articles. 

T.  Differences  to  be  submitted.  I  III.  Duration. 

II.  Special  agreement.  I    IV.  Ratification. 

The  Government  of  the  United  States  of  America,  signatory  of 
the  two  conventions  for  the  Pacific  Settlement  of  International 
Disputes,  concluded  at  The  Hague,  respectively,  on  July  29,  1899, 
and  October  18,  1907,  and  the  Government  of  the  Republic  of 
Ecuador,  adherent  to  the  said  convention  of  July  29,  1899,  and  signa- 
tory of  the  said  convention  of  October  18,  1907; 

Taking  into  consideration  that  by  Article  XIX  of  the  conven- 
tion of  July  29,  1899,  and  by  Article  XL  of  the  convention  of  October 
18,  1907,  the  High  Contracting  Parties  have  reserved  to  themselves 
the  right  of  concluding  Agreements,  with  a  view  to  referring  to 
arbitration  all  questions  which  they  shall  consider  possible  to  sub- 
mit to  such  treatment ; 

Have  authorized  the  undersigned  to  conclude  the  following  Con- 
vention : 

Article  I. 

Differences  which  may  arise  of  a  legal  nature,  or  relating  to  the 
interpretation  of  traties  existing  between  the  two  Contracting  Par- 
ties, and  which  it  may  not  have  been  possible  to  settle  by  diplomacj', 
shall  be  referred  to  the  Permanent  Qourt  of  Arbitration  established 
at  The  Hague  by  the  convention  of  the  29th  July,  1899.  for  the 
Pacific  Settlement  of  International  Disputes,  and  maintained  by 
The  Hague  Convention  of  the  18th  October,  1907;  provided,  never- 
theless, that  they  do  not  affect  the  vital  interests,  the  independence, 
or  the  honor  of  the  two  Contracting  States,  and  do  not  concern  the 
interests  of  third  Parties. 

Article  II. 

In  each  individual  case  the  High  Contracting  Parties,  before 
appealing  to  the  Permanent  Court  of  Arbitration,  shall  conclude 
a  special  Agreement,   defining  clearly   the   matter  in   dispute,   the 

(31) 


32 

Bcoix?  of  the  powers  of  the  arbilnitors.  and  the  periods  to  be  fixed 
for  the  formation  of  the  Arbitral  Tribunal  and  the  several  stages 
of  the  procedure.  It  is  understood  that  on  the  part  of  the  United 
States  such  special  agreements  will  be  made  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  on  the  part  of  Ecuador  shall  be  subject  to  the  procedure 
required  by  the  Constitution  and  laws  thereof. 

Article  III. 

The  present  Convention  is  concluded  for  a  period  of  five  years 
and  shall  remain  in  force  thereafter  until  one  year's  notice  of  termi- 
nation shall  be  given  by  either  party. 

Article  IV. 

The  present  Convention  shall  be  ratified  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and  consent  of 
the  Senate  thereof;  and  by  the  President  of  Ecuador  in  accordance 
with  the  Constitution  and  laws  thereof.  The  ratifications  shall  be 
exchanged  at  Washington  as  soon  as  possible,  and  the  Convention 
shall  take  effect  on  the  date  of  the  exchange  of  its  ratifications. 

Done  in  duplicate,  in  the  English  and  Spanish  languages,  at  Was^i- 
ington,  this  seventh  day  of  January,  in  the  year  one  thousand  nine 
hundred  and  nine. 

Elihu  Root    [seal] 
L.  F.  Carbo     [seal] 


FRANCE. 

1909. 

Extradition  Convention. 

Signed  at  Paris  January  6^  1909;  ratification  advised  hy  the  Senate 
with  amendment  April  5,  1909;  ratified  hy  the  President  May  ^5, 
1911;  ratified  hy  France  June  27,  1911 ;  7'atiflcations  exchanged  at 
Paris  June  27, 1911;  proclaimed  July  26, 1911. 

Aeticles. 


I.  Delivery  of  accused. 
II.  Extraditable  offenses. 

III.  Requisition  for  surrender. 

IV.  Application  for  arrest  and  deten- 

tion. 
V.  Nondelivery  of  citizens. 
VI.  Political  offenses. 

VII.  Offense  for  which  to  be  tried. 

VIII.  Limitations. 


IX.  Extradition  to  be  deferred. 
X.  Priority  of  demand. 
XI.  Property    in    possession    of   ac- 
cused. 
XII.  Expenses. 

XIII.  Procedure  in  colonies  and  pos- 

sessions. 

XIV.  Effect;  duration;  ratification. 


The  United  States  of  America  and  the  Republic  of  France,  being 
desirous  to  confirm  their  friendly  relations  and  to  promote  the  cause 
of  justice,  have  resolved  to  conclude  a  new  treaty  for  the  extradition 
of  fugitives  from  justice,  and  have  appointed  for  that  purpose  the 
following  plenipotentiaries : 

The  President  of  the  United  States  of  America : 

His  Excellency  Mr.  Henry  White,  Ambassador  extraordinary  and 
plenipotentiary  of  the  United  States  of  America  to  the  French 
Republic, 

And  the  President  of  the  French  Republic: 

His  Excellency  M.  Stephen  Pichon,  Senator,  Minister  for  Foreign 
Affairs; 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  articles ; 

Arttcle  I. 

The  Government  of  the  United  States  and  the  Government  of 

France   mutually   agree   to   deliver  up   persons   who.   having   been 

charged  with  or  convicted  of  any.  of  the  crimes  or  offences  specified 

in  the  following  article,  committed  within  the  jurisdiction  of  one  of 

the  contracting  Parties,  shall  seek  an  asylum  or  be  found  within  the 

territories  of  the  other :  Provided  That  this  shall  only  be  done  upon 

such  evidence  of  criminality  as,  according  to  the  laws  of  the  place 

(33) 
76844°— S.  Doc.  1063,  62-^ 3 


34 

where  the  fugitive  or  person  so  charged  shall  be  found,  would  justify 
his  or  her  apprehension  and  commitment  for  trial  if  the  crime  or 
offence  had  been  there  committed. 

Abticle  II. 

Extradition  shall  be  granted  for  the  following  crimes  and  offences: 

1.  Murder,  assassination,  parricide,  infanticide  and  poisoning; 
manshiughter,  when  voluntary;  assault  with  intent  to  commit  murder. 

2.  Rape,  abortion,  bigamy. 

3.  Arson. 

4.  Robbery,  burglary,  house-breaking  or  shop-breaking. 

5.  Forgery;  the  utterance  of  forged  papers,  the  forgery  or  falsi- 
fication of  official  acts  of  Government,  of  public  authority,  or  of 
courts  of  justice,  or  the  utterance  of  the  thing  forged  or  falsified. 

6.  The  counterfeiting,  falsifying  or  altering  of  money,  whether 
coin  or  paper,  or  of  instruments  of  debt  created  by  national,  state, 
provincial,  municipal  or  other  governments,  or  of  coupons  thereof, 
or  of  bank-notes,  or  the  utterance  or  circulation  of  the  same;  or  the 
counterfeiting,  falsifying,  or  altering  of  seals  of  State. 

7.  Fraud  or  breach  of  trust  by  a  bailee,  banker,  agent,  factor, 
executor,  administrator,  guardian,  trustee  or  other  person  acting  in 
a  fiduciary  capacity,  or  director  or  member  or  officer  of  any  company, 
when  such  act  is  made  criminal  by  the  laws  of  both  countries,  and  the 
amount  of  money  or  the  value  of  the  property  misappropriated  is  not 
less  than  two  hundred  dollars,  or  one  thousand  francs. 

Embezzlement  by  public  officers  or  depositaries ;  Embezzlement  by 
persons  hired  or  salaried,  to  the  detriment  of  their  employers. 

8.  Larceny ;  obtaining  mone}^  valuable  securities  or  other  property 
by  false  pretenses,  when  such  act  is  made  criminal  by  the  laws  of 
both  countries,  and  the  amount  of  money  of  the  value  of  the  property 
fraudulently  obtained  is  not  less  than  two  hundred  dollars  or  one 
thousand  francs. 

9.  Perjury,  subornation  of  perjury. 

10.  Child-stealing,  or  abduction  of  a  minor  under  the  age  of  14  for 
a  boy  and  of  16  for  a  girl. 

11.  Kidnapping  of  minors  or  adults. 

12.  Willful  and  unlawful  destruction  or  obstruction  of  railroads, 
which  endangers  human  life. 

13  a.  Piracy,  by  the  law  of  nations. 

h.  The  act  by  any  person,  being  or  not  being  one  of  the  crew  of  a 
vessel,  of  taking  possession  of  such  vessel  by  fraud  or  violence. 

c.  Wrongfully  sinking  or  destroying  a  vessel  at  sea. 

d.  Revolt  or  conspiracy  to  revolt,  by  two  or  more  persons  on  board 
a  ship  on  the  high  seas,  against  the  authority  of  the  captain  or  master. 

e.  Assaults  on  board  a  ship  on  the  high  seas,  with  intent  to  do 
grievous  bodily  harm. 

14.  Crimes  and  offences  against  the  laws  of  both  countries  for  the 
suppression  of  slavery  and  slave-trading. 

15.  Receiving  money,  valuable  securities  or  other  property  know- 
ing the  same  to  have  been  unlawfully  obtained,  when  such  act  is 
made  criminal  by  the  laws  of  both  countries  and  the  amount  of  money 
or  the  value  of  the  property  so  received  is  not  less  than  two  hundred 
dollars  or  one  thousand  francs. 


35 

Extradition  shall  also  be  granted  for  participation  or  complicity 
in  or  attempt  to  commit  any  of  the  crimes  or  offences  above  men- 
tioned when  such  participation,  complicity,  or  attempt  is  punishable 
by  the  laws  of  the  two  countries. 

Article  III. 

Requisitions  for  the  surrender  of  fugitives  from  justice  shall  be 
made  by  the  diplomatic  agents  of  the  contracting  Parties,  or,  in  the 
absence  of  these  from  the  country  or  its  seat  of  government,  they  may 
be  made  by  the  consular  officers. 

If  the  person  whose  extradition  is  requested  shall  have  been  con- 
victed of  a  crime  or  offence,  a  duly  authenticated  copy  of  the  sentence 
of  the  court  in  which  he  w^as  convicted,  or,  if  the  fugitive  is  merely 
charged  with  a  crime  or  offence,  a  duly  authenticated  copy  of  the 
warrant  of  arrest  in  the  country  where  the  crime  or  ofi'ence  has  been 
committed  and  of  the  depositions  or  other  evidence  upon  which  such 
warrant  was  issued,  shall  be  produced. 

The  extradition  of  fugitives  under  the  provisions  of  this  treaty 
shall  be  carried  out  in  the  United  States  and  in  France,  respectively, 
in  conformity  with  the  laws  regulating  extradition  for  the  time 
being  in  force  in  the  State  on  which  the  demand  for  surrender  is 

made. 

Article  IV. 

The  arrest  and  detention  of  a  fugitive  may  be  applied  for  on  in- 
formation, even  by  telegraph,  of  the  existence  of  a  judgment  of  con- 
viction or  of  a  warrant  of  arrest. 

In  France,  the  application  for  arrest  and  detention  shall  be  ad- 
dressed to  the  Minister  of  Foreign  Afl'airs  who  wall  transmit  it  to  the 
proper  department. 

In  the  United  States,  the  application  for  arrest  and  detention 
shall  be  addressed  to  the  Secretary  of  State,  who  shall  deliver  a  war- 
rant certifying  that  the  application  is  regularly  made  and  requesting 
the  competent  authorities  to  take  action  thereon  in  conformity  to 
statute. 

In  both  countries,  in  case  of  urgency,  the  application  for  arrest  and 
detention  may  be  addressed  directly  to  the  competent  magistrate  in 
conformity  to  the  statutes  in  force. 

In  both  countries,  the  person  provisionally  arrested  shall  be  re- 
leased, unless  within  forty  days  from  the  date  of  arrest  in  France, 
or  fi-om  the  date  of  commitment  in  the  United  States,  the  formal 
requisition  for  surrender  with  the  documentary  proofs  herein  before 
prescribed  be  made  as  aforesaid  by  the  diplomatic  agent  of  the  de- 
manding government  or,  in  his  absence,  by  a  consular  officer  thereof. 

Article  V. 

Neither  of  the  contracting  Parties  shall  be  bound  to  deliver  up  its 
own  citizens  or  subjects  under  the  stipulations  of  this  convention. 

Article  VI. 

A  fugitive  criminal  shall  not  be  surrendered  if  the  offence  in  respect 
of  which  his  surrender  is  demanded  be  of  a  political  character,  or  if 
he  proves  that  the  requisition  for  his  surrender  has,  in  fact,  been 


36 

made  with  a  view  to  try  or  punish  him  for  an  offence  of  a  political 
character. 

If  any  question  shall  arise  as  to  whether  a  case  comes  within  the 
provisions  of  this  article,  the  decision  of  the  authorities  of  the  Gov- 
ernment on  which  the  demand  for  surrender  is  made  shall  be  final. 

Article  VII. 

No  person  surrendered  by  either  of  the  High  contracting  Parties 
to  the  other  shall  be  triable  or  tried  or  be  punished  for  any  crime  or 
otfence  conmiitted  prior  to  his  extradition,  other  than  the  offence  for 
which  he  was  delivered  up,  nor  shall  such  person  be  arrested  or  de- 
tained on  civil  process  for  a  cause  accrued  before  extradition,  unless 
he  has  been  at  liberty  for  one  month  after  having  been  tried,  to  leave 
the  country,  or.  in  case  of  conviction,  for  one  month  after  having 
suffered  his  punishment  or  having  been  pardoned. 

Article  VIII. 

Extradition  shall  not  be  granted,  in  pursuance  of  the  provisions  of 
this  convention,  if  the  person  claimed  has  been  tried  for  the  same 
act  in  the  country  to  which  the  requisition  is  addressed,  or  if  legal 
proceedings  or  the  enforcement  of  the  penalty  for  the  act  committed 
by  the  person  claimed  have  become  barred  by  limitation,  according 
to  the  laws  of  the  country  to  which  the  requisition  is  addressed. 

Article  IX. 

If  the  person  whose  extradition  may  be  claimed,  pursuant  to  the 
stipulations  hereof,  be  actually  under  prosecution  for  a  crime  or 
offence  in  the  country  where  he  has  sought  asylum,  or  shall  have 
been  convicted  thereof,  his  extradition  may  be  deferred  until  such 
proceedings  be  terminated,  and  until  such  criminal  shall  be  set  at 
liberty  in  due  course  of  law. 

Article  X. 

If  the  individual  claimed  by  one  of  the  High  contracting  Parties, 
in  pursuance  of  the  present  treaty,  shall  also  be  claimed  by  one  or 
several  other  Powers  on  account  of  crimes  or  offences  committed 
within  their  respective  jurisdictions,  his  extradition  shall  be  granted 
to  the  State  whose  demand  is  first  received ;  Provided,  That  the  Gov- 
ernment from  which  extradition  is  asked  is  not  bound  by  treaty,  in 
case  of  concurrent  demands,  to  give  preference  to  the  one  earliest  in 
date,  in  which  event  that  shall  be  the  rule;  And  Provided  That  no 
other  arrangement  is  made  between  the  demanding  Governments 
according  to  which  preference  may  be  given  either  on  account  of  the 
gravity  of  the  crime  committed  or  for  any  other  reason. 

Article  XI. 

All  articles  seized  which  were  in  the  possession  of  the  person  to 
be  surrendered  at  the  time  of  his  apprehension,  whether  being  the 
proceeds  of  the  crime  or  offence  chaiged,  or  being  material  as  evi- 
dence in  making  proof  of  the  crime  or  offence,  shall,  so  far  as  prac- 


37 

Hcable,  and  if  the  competent  authority  of  the  State  applied  to  orders 
the  delivery  thereof,  be  given  np  when  the  extradition  takes  place. 
Nevertheless,  the  rights  of  third  parties  with  regard  to  the  articles 
aforesaid  shall  be  duly  respected. 

Article  XII. 

The  expenses  incurred  in  the  arrest,  detention,  examination  and 
delivery  of  fugitives  under  this  treaty  shall  be  borne  by  the  State  in 
whose  name  the  extradition  is  sought;  Provided,  That  the  demand- 
ing Government  shall  not  be  compelled  to  bear  any  expense  for  the 
services  of  such  public  officers  or  functionaries  of  the  Government 
from  which  extradition  is  sought  as  receive  a  fixed  salary;  And  Pro- 
vided, That  the  charge  for  the  services  of  such  public  officers  or  func- 
tionaries as  receive  only  fees  or  perquisites  shall  not  exceed  their 
customary  fees  for  the  acts  or  services  performed  by  them  had  such 
acts  or  services  been  performed  in  ordinary  criminal  proceedings 
under  the  laws  of  the  country  of  which  they  are  officers  or  function- 
aries. 

Article  XIII. 

In  the  colonies  and  other  possessions  of  the  two  High  contracting 
Parties,  the  manner  of  proceeding  may  be  as  follows : 

The  requisition  for  the  surrender  of  a  fugitive  criminal  who  has 
taken  refuge  in  a  colony  or  foreigTi  possession  of  either  Party  may  be 
made  to  the  Governor  or  chief  authority  of  such  colony  or  possession 
by  the  chief  consular  officer  of  the  other  in  such  colony  or  possession ; 
or  if  the  fugitive  has  escaped  from  a  colony  or  foreign  possession  of 
the  Party  on  whose  behalf  the  requisition  is  made,  by  the  Governor 
or  chief  authority  of  such  colony  or  possession. 

Such  requisitions  may  be  disposed  of,  subject  always,  as  nearly  as 
may  be,  to  the  provisions  of  this  treaty,  by  the  respective  Governors 
or  chief  authorities,  who,  however,  shall  be  at  liberty  either  to  grant 
the  surrender  or  refer  the  matter  to  their  Government. 

Article  XIV. 

The  present  treatj^  shall  take  effect  on  the  thirtieth  day  after  the 
date  of  the  exchange  of  Ratifications,  and  shall  not  operate  retro- 
actively. 

On  the  day  on  which  it  takes  effect,  the  conventions  of  November 
9,  1843,  February  24,  1845,  and  February  10,  1858  shall  cease  to  be 
in  force  except  as  to  crimes  therein  enumerated  and  committed  prior 
to  that  date. 

The  ratifications  of  this  treaty  shall  be  exchanged  at  Paris  as  soon 
as  possible,  and  it  shall  remain  in  force  for  a  period  of  six  months 
after  either  of  the  two  Governments  shall  have  given  notice  of  a 
purpose  to  terminate  it. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  above  articles  both  in  English  and  the  French  languages  and 
have  hereunto  affixed  their  seals. 

Done  in  duplicate  at  Paris,  on  the  6th  January  1909, 

[seal]  Henry   White 

[seal]  S.    PlCHON 


FRAKCE. 

1909. 

Agreement  Extending  the  Dur^^tion  of  the  Arbitration  Conven- 
tion OF  P'ebruary  10,  1908," 

Signed  at  Washington  February  13,  1913;  ratification  advised  by 
the  Senate  February  19,  1913;  ratified  by  the  President  February 
25,  1913;  ratified  by  France  February  £8,  1913;  ratifications  ex- 
changed at  Washington  March  14,  1913;  proclaimed  March  15, 
1913. 

Abticles. 

I.  Extension  of  arbitration  convention  of  February  10,  1908. 
II.  Ratification. 

The  Government  of  the  United  States  of  America  and  the  Govern- 
ment of  the  French  Republic,  being  desirous  of  extending  the  period 
of  five  years  during  which  the  Arbitration  Convention  conchided 
between  them  on  February  10,  1908,  is  to  remain  in  force,  which 
period  is  about  to  expire,  have  authorized  the  undersigned,  to  wit: 
Philander  C.  Knox,  Secretary  of  State  of  the  United  States,  and 
J.  J.  Jusserand,  Ambassador  of  the  French  Republic  to  the  United 
States,  to  conclude  the  following  arrangement : 

Article  I. 

The  Convention  of  Arbitration  of  February  10,  1908,  between  the 
Government  of  the  United  States  of  America  and  the  Government 
of  the  French  Republic,  the  duration  of  which  by  Article  III  thereof 
was  fixed  at  a  period  of  five  years  from  the  date  of  ratification, 
which  period  will  terminate  on  February  27,  1913,  is  hereby  extended 
and  continued  in  force  for  a  further  period  of  five  years  from  Feb- 
ruary 27,  1913. 

Article  II. 

The  present  Agreement  shall  be  ratified  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and  consent  of 
the  Senate  thereof,  and  by  the  President  of  the  French  Republic, 
in  accordance  with  the  constitutional  laws  of  Fi'-ance,  and  it  shall 
become  effective  upon  the  date  of  the  exchange  of  ratifications,  which 
shall  take  place  at  Washington  as  soon  as  possible. 

Done  in  duplicate,  in  the  English  and  French  lan^ages,  at  Wash- 
in^on  this  13th  day  of  February,  one  thousand  nine  hundred  and 
thirteen. 

Philander  C.  Knox     [seal] 
Jusserand  [se.\l] 

"Vol.  1,  p.  549. 
(38) 


GREAT  BRITAIN. 

1909. 

Convention    Concerning  the   Boundary   Waters   Between   the 

United  States  and  Canada." 

Signed  at  Washington  Januari/  11,  1909;  ratification  advised  hy  the 
Senate  March  3,  1909;  ratified  hy  the  President  April  i,  1910; 
ratified  hy  Great  Britain  March  31,  1910;  ratifications  exchanged 
at  Washington  May  5, 1910;  proclaimed  May  13, 1910. 

Abticles. 


I. 

II. 

III. 

IV. 


VI. 


Right  of  navigation. 
Jurisdiction  and  control. 
Natural  level  or  flow  of  boundary 

waters. 
Construction  or  maintenance  of 

obstructions. 
Diversion  of  waters  of  Niagara 

River. 
Division  of  waters  of  St.  Mary 

and   Milk   Rivers. 


VII.  International  Joint  Commission. 
VIII.  Jurisdiction  of  commission. 
IX.  Reference  of  differences. 
X.  Consent  for  reference. 
XI.  Meeting  and  organization, 
XII.  Special  agreements. 
XIII.  Duration,  ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  and  of  the  British 
Dominions  beyond  the  Seas,  Emperor  of  India,  being  eqiiall}^  desirous 
to  prevent  disputes  regarding  the  use  of  boundary  waters  and  to 
settle  all  questions  which  are  now  pending  between  the  United  States 
and  the  Dominion  of  Canada  involving  the  rights,  obligations,  or 
interests  of  either  in  relation  to  the  other  or  to  the  inhabitants  of  the 
other,  along  their  common  frontier,  and  to  make  provision  for  the 
adjustment  and  settlement  of  all  such  questions  as  may  hereafter  arise, 
have  resolved  to  conclude  a  treaty  in  furtherance  of  these  ends,  and 
for  that  purpose  have  appointed  as  their  respective  plenipotentiaries: 

The  President  of  the  United  States  of  America,  Elihu  Root,  Secre- 
taiy  of  State  of  the  United  States;  and 

His  Britannic  Majesty,  the  Eight  Honorable  James  Bryce,  O.  M., 
his  Ambassador  Extraordinary  and  Plenipotentiary  at  Washington; 

Who,  after  having  communicated  to  one  another  their  full  powers, 
found  in  good  and  due  form,  have  agreed  upon  the  following  articles: 

Preliminary  Article. 

For  the  purposes  of  this  treaty  boundary  waters  are  defined  as  the 
waters  from  main  shore  to  main  shore  of  the  lakes  and  rivers  and 
connecting  waterways,  or  the  portions  thereof,  along  which  the  inter- 

« International  Transit  Co.  v.  City  of  Sault  Ste.  Marie  et  al.  (194  Fed.  Rep., 
522.) 

(39) 


40 

national  boundary  between  the  United  States  and  the  Dominion  of 
Canada  passes,  including  all  bays,  arms,  and  inlets  thereof,  but  not 
including  tributary  waters  which  in  their  natural  channels  would  flow 
into  such  lakes,  rivers,  and  waterways,  or  waters  flowing  from  such 
lakes,  rivers,  and  waterways,  or  the  water's  of  rivers  flowing  across 
the  boundary. 

Article  I. 

The  High  Contracting  Parties  agree  that  the  navigation  of  all 
navigable  boundary  waters  shall  forever  continue  free  and  open  for 
the  purpose.^  of  commerce  to  the  inhabitants  and  to  the  ships,  vessels, 
and  boats  of  both  countries  equally,  subject,  however,  to  any  laws 
and  regulations  of  either  country,  within  its  own  territory,  not  incon- 
sistent with  such  privilege  of  free  navigation  and  applying  equally 
and  without  discrimination  to  the  inhabitants,  ships,  vessels,  and 
boats  of  both  countries. 

It  is  further  agreed  that  so  long  as  this  treaty  shall  remain  in 
force,  this  same  right  of  navigation  shall  extend  to  the  waters  of 
Lake  Michigan  and  to  all  canals  connecting  boundary  waters,  and 
now  existing  or  which  may  hereafter  be  constructed  on  either  side 
of  the  line.  Either  of  the  High  Contracting  Parties  may  adopt  rules 
and  regulations  governing  the  use  of  such  canals  within  its  own  terri- 
tory and  may  charge  tolls  for  the  use  thereof,  but  all  such  rules  and 
regulations  and  all  tolls  charged  shall  apply  alike  to  the  subjects  or 
citizens  of  the  High  Contracting  Parties  and  the  ships,  vessels,  and 
boats  of  both  of  the  High  Contracting  Parties,  and  they  shall  be 
placed  on  terms  of  equality  in  the  use  thereof. 

Article  II. 

Each  of  the  High  Contracting  Parties  reserves  to  itself  or  to  the 
several  State  Governments  on  the  one  side  and  the  Dominion  or 
Provincial  Governments  on  the  other  as  the  case  may  be,  subject  to 
any  treaty  provisions  now  existing  with  respect  thereto,  the  exclusive 
jurisdiction  and  control  over  the  use  and  diversion,  whether  tempo- 
rary or  permanent,  of  all  waters  on  its  own  side  of  the  line  which  in 
their  natural  channels  would  flow  across  the  boundary  or  into  bound- 
ary waters;  but  it  is  agreed  that  any  interference  with  or  diversion 
from  their  natural  channel  of  such  waters  on  either  side  of  the 
boundary,  resulting  in  any  injury  on  the  other  side  of  the  boundary, 
shall  give  rise  to  the  same  rights  and  entitle  the  injured  parties  to  the 
same  legal  remedies  as  if  such  injurv'  took  place  in  the  country  where 
such  diversion  or  interference  occurs;  but  this  provision  shall  not 
apply  to  cases  alreadv  existing  or  to  cases  expressly  covered  by  special 
agreement  between  tlhe  parties  hereto. 

It  is  understood,  however,  that  neither  of  the  High  Contracting 
Parties  intends  by  the  foregoing  provision  to  surrender  any  right, 
which  it  may  have,  to  object  to  any  interference  with  or  diversions 
of  waters  on  the  other  side  of  the  boundary  the  effect  of  which  would 
be  productive  of  material  injury  to  the  navigation  interests  on  its 
own  side  of  the  boundary. 

Article  III. 

^  It  is  agreed  that,  in  addition  to  the  uses,  obstructions,  and  diver- 
sions heretofore  permitted  or  hereafter  provided  for  by  special  agree- 


41 

ment  between  the  Parties  hereto,  no  further  or  other  uses  or  obstruc- 
tions or  diversions,  whether  temporary  or  permanent,  of  boundary 
waters  on  either  side  of  the  line,  affecting  the  natural  level  or  flow  of 
boundary  waters  on  the  other  side  of  the  line,  shall  be  made  except 
by  authority  of  the  United  States  or  the  Dominion  of  Canada  within 
their  respective  jurisdictions  and  with  the  approval,  as  hereinafter 
provided,  of  a  joint  commission,  to  be  known  as  the  International 
Joint  Commission. 

The  foregoing  provisions  are  not  intended  to  limit  or  interfere  with 
the  existing  rights  of  the  Government  of  the  United  States  on  the 
one  side  and  the  Government  of  the  Dominion  of  Canada  on  the 
other,  to  undertake  and  carry  on  governmental  works  in  boundary 
waters  for  the  deepening  of  channels,  the  construction  of  breakwaters, 
the  improvement  of  harbors,  and  other  governmental  works  for  the 
benefit  of  commerce  and  navigation,  provided  that  such  works  are 
wholly  on  its  own  side  of  the  line  and  do  not  materially  affect  the 
level  or  flow  of  the  boundary  waters  on  the  other,  nor  are  such  pro- 
visions intended  to  interfere  with  the  ordinary  use  of  such  waters  for 
domestic  and  sanitary  purposes. 

Aeticle  rv. 

The  High  Contracting  Parties  agree  that,  except  in  cases  provided 
for  by  special  agreement  between  them,  they  will  not  permit  the  con- 
struction or  maintenance  on  their  respective  sides  of  the  boundary  of 
any  remedial  or  protective  works  or  any  dams  or  other  obstructions  in 
waters  flowing  from  boundary  waters  or  in  waters  at  a  lower  level 
than  the  boundary  in  rivers  flowing  across  the  boundary,  the  effect 
of  which  is  to  raise  the  natural  level  of  waters  on  the  other  side  of  the 
boundary  unless  the  construction  or  maintenance  thereof  is  approved 
by  the  aforesaid  International  Joint  Commission. 

It  is  further  agreed  that  the  waters  herein  defined  as  boundary 
waters  and  waters  flowing  across  the  boundary  shall  not  be  polluted 
on  either  side  to  the  injury  of  health  or  propert}'^  on  the  other. 

Article  V. 

The  High  Contracting  Parties  agree  that  it  is  expedient  to  limit 
the  diversion  of  waters  from  the  Niagara  River  so  that  the  level  of 
Lake  Erie  and  the  flow  of  the  stream  shall  not  be  appreciably  affected. 
It  is  the  desire  of  both  Parties  to  accomplish  this  object  with  the 
least  possible  injury  to  investments  which  have  already  been  made  in 
the  construction  of  power  plants  on  the  United  States  side  of  the 
river  under  grants  of  authority  from  the  State  of  New  York,  and  on 
the  Canadian  side  of  the  river  under  licensco  authorized  by  the 
Dominion  of  Canada  and  the  Province  of  Ontario. 

So  long  as  this  treaty  shall  remain  in  force,  no  diversion  of  the 
waters  of  the  Niagara  River  above  the  Falls  from  the  natural  course 
and  stream  thereof  shall  be  pennitted  except  for  the  purposes  and  to 
the  extent  hereinafter  provided. 

The  United  States  may  authorize  and  permit  the  diversion  within 
the  State  of  New  York  of  the  waters  of  said  river  above  the  Falls  of 
Niagara,  for  power  purposes,  not  exceeding  in  the  aggregate  a  daily 
diversion  at  the  rate  of  twenty  thousand  cubic  feet^  of  water  per 
second. 


42 

The  United  Kingdom,  by  the  Dominion  of  Canada,  or  the  Prov- 
ince of  Ontario,  may  authorize  and  permit  the  diversion  within  the 
Province  of  Ontario  of  the  waters  of  said  river  above  the  Falls  of 
Niagara,  for  power  purposes,  not  exceeding  in  the  aggregate  a  daily 
diversion  at  the  rate  of  thirty-six  thousand  cubic  feet  of  water  per 
second. 

The  prohibitions  of  this  article  shall  not  apply  to  the  diversion  of 
water  for  sanitary  or  domestic  purposes,  or  for  the  service  of  canals 
for  the  purposes  of  navigation. 

Article  VT. 

The  High  Contracting  Parties  agree  that  the  St.  Mary  and  Milk 
Rivers  and  their  tributaries  (in  the  State  of  Montana  and  the 
Provinces  of  Alberta  and  Saskatchewan)  are  to  be  treated  as  one 
stream  for  the  purposes  of  irrigation  and  power,  and  the  waters 
thereof  sliall  be  apportioned  equally  between  the  two  countries,  but 
in  making  such  equal  apportionment  more  than  half  may  be  taken 
from  one  river  and  less  than  half  from  the  other  by  either  country 
so  as  to  afford  a  more  beneficial  use  to  each.  It  is  further  agreed  that 
in  the  division  of  such  waters  during  the  irrigation  season,  between 
the  1st  of  April  and  31st  of  October,  inclusive,  annually,  the  United 
States  is  entitled  to  a  prior  appropriation  of  500  cubic  feet  per  second 
of  the  waters  of  the  Milk  River,  or  so  much  of  such  amount  as  con- 
stitutes three-fourths  of  its  natural  flow,  and  that  Canada  is  entitled 
to  a  prior  appropriation  of  500  cubic  feet  per  second  of  the  flow  of 
St.  ]Mary  River,  or  so  much  of  such  amount  as  constitutes  three- 
fourths  of  its  natural  flow. 

The  channel  of  the  Milk  River  in  Canada  may  be  used  at  the  con- 
venience of  the  United  States  for  the  conveyance,  while  passing 
through  Canadian  territory,  of  waters  diverted  from  the  St.  Mary 
River.  The  provisions  of  Article  II  of  this  treaty  shall  apply  to  any 
injury  resulting  to  property  in  Canada  from  the  conveyance  of  such 
waters  through  the  Milk  River. 

The  measurement  and  apportionment  of  the  water  to  be  used  by 
each  country  shall  from  time  to  time  be  made  jointly  by  the  properly 
constituted  reclamation  officers  of  the  United  States  and  the  properly 
constituted  irrigation  officers  of  His  Majesty  under  the  direction  of 
the  International  Joint  Commission. 

Article  VII. 

The  High  Contracting  Parties  agree  to  establish  and  maintain  an 
International  Joint  Commission  of  the  United  States  and  Canada 
composed  of  six  commissioners,  three  on  the  part  of  the  United  States 
appointed  by  the  President  thereof,  and  three  on  the  part  of  the 
United  Kingdom  appointed  by  His  Majesty  on  the  recommendation 
of  the  Governor  in  Council  of  the  Dominion  of  Canada. 

Article  VIII. 

This  International  Joint  Commission  shall  have  jurisdiction  over 
and  shall  pass  upon  all  cases  involving  the  use  or  obstruction  or 
diversion  of  the  waters  with  respect  to  wliich  under  Articles  III  and 


43 

lY  of  this  treaty  the  approval  of  this  Commission  is  required,  and 
in  passing  upon  such  cases  the  Commission  shall  be  governed  by  the 
following  rules  or  principles  which  are  adopted  by  the  High  Con- 
tracting Parties  for  this  purpose : 

The  High  Contracting  Parties  shall  have,  each  on  its  own  side  of 
the  boundary,  equal  and  similar  rights  in  the  use  of  the  waters  herein- 
before defined  as  boundary  waters. 

The  following  order  of  precedence  shall  be  observed  among  the 
various  uses  enumerated  hereinafter  for  these  waters,  and  no  use  shall 
be  permitted  which  tends  materially  to  conflict  with  or  restrain  any 
other  use  which  is  given  preference  over  it  in  this  order  of  prec- 
edence : 

(1)  Uses  for  domestic  and  sanitary  purposes; 

(2)  Uses  for  navigation,  including  the  service  of  canals  for  the 
purposes  of  navigation ; 

(3)  Uses  for  power  and  for  irrigation  purposes. 

The  foregoing  provisions  shall  not  apply  to  or  disturb  any  existing 
uses  of  boundary  waters  on  either  side  of  the  boundary. 

The  requirement  for  an  equal  division  may  in  the  discretion  of 
the  Commission  be  suspended  in  cases  of  temporary  diversions  along 
boundary  waters  at  points  where  such  equal  division  can  not  be  made 
advantageously  on  account  of  local  conditions,  and  where  such  diver- 
sion does  not  diminish  elsewhere  the  amount  available  for  use  on  the 
other  side. 

The  Commission  in  its  discretion  may  make  its  approval  in  any 
case  conditional  upon  the  construction  of  remedial  or  protective 
works  to  compensate  so  far  as  possible  for  the  particular  use  or 
diversion  proposed,  and  in  such  cases  may  require  that  suitable  and 
adequate  provision,  approved  by  the  Commission,  be  made  for  the 
protection  and  indemnity  against  injury  of  any  interests  on  either 
side  of  the  boundary. 

In  cases  involving  the  elevation  of  the  natural  level  of  waters  on 
either  side  of  the  line  as  a  result  of  the  construction  or  maintenance 
on  the  other  side  of  remedial  or  protective  works  or  dams  or  other  ob- 
structions in  boundary  waters  or  in  waters  flowing  therefrom  or  in 
waters  below  the  boundary  in  rivers  flowing  across  the  boundary, 
the  Comr  ission  shall  require,  as  a  condition  of  its  approval  thereof, 
that  suitable  and  adequate  provision,  approved  by  it,  be  made  for  the 
protection  and  indemnity  of  all  interests  on  the  other  side  of  the  line 
which  may  be  injured  thereby. 

The  majority  of  the  Commissioners  shall  have  power  to  render  a 
decision.  In  case  the  Commission  is  evenly  divided  upon  any  ques- 
tion or  matter  presented  to  it  for  decision,  separate  reports  shall  be 
made  by  the  Commissioners  on  each  side  to  their  own  Government. 
The  High  Contracting  Parties  shall  thereupon  endeavor  to  agree 
upon  an  adjustment  of  the  question  or  matter  of  difference,  and  if  an 
a.^rreement  is  reached  between  them,  it  shall  be  reduced  to  writing  in 
the  form  of  a  protocol,  and  shall  be  communicated  to  the  Commis- 
sioners, who  shall  take  such  further  proceedings  as  may  be  necessary 
to  carry  out  such  agreement. 

Article  IX. 

The  High  Contracting  Parties  further  agree  that  any  other  ques- 
tions or  matters  of  dinerence  arising  between  them  involving  the 


44 

rights,  obligations,  or  interests  of  either  in  relation  to  the  other  or  to 
the  inhabitants  of  the  other  along  the  common  frontier  between  the 
United  States  and  the  Dominion  of  Canada,  shall  be  referred  from 
time  to  time  to  the  International  Joint  Commission  for  examination 
and  report,  whenever  either  the  Government  of  the  United  States  or 
the  Government  of  the  Dominion  of  Canada  shall  request  that  such 
questions  or  matters  of  diflference  be  so  referred. 

The  International  Joint  Commission  is  authorized  in  each  case  so 
referred  to  examine  into  and  report  upon  the  facts  and  circumstances 
of  tlje  particular  questions  and  matters  referred,  together  with  such 
conclusions  and  recommendations  as  may  be  appropriate,  subject, 
however,  to  any  restrictions  or  exceptions  which  may  be  imposed  with 
respect  thereto  by  the  terms  of  the  reference. 

Such  reports  of  the  Commission  shall  not  be  regarded  as  decisions 
of  the  questions  or  matters  so  submitted  either  on  the  facts  or  the 
law,  and  shall  in  no  way  have  the  character  of  an  arbitral  award. 

The  Commission  shall  make  a  joint  report  to  both  Governments  in 
all  cases  in  which  all  or  a  majority  of  the  Commissioners  agree,  and 
in  case  of  disagreement  the  minority  may  make  a  joint  report  to  both 
Governments,  or  separate  reports  to  their  respective  Governments. 

In  case  the  Commission  is  evenly  divided  upon  any  question  or 
matter  referred  to  it  for  report,  separate  reports  shall  be  made  by  the 
Commissioners  on  each  side  to  their  own  Government. 

Ajrticle  X. 

Any  questions  or  matters  of  difference  arising  between  the  High 
Contracting  Parties  involving  the  rights,  obligations,  or  interests  of 
the  United  States  or  of  the  Dominion  of  Canada  either  in  relation  to 
each  other  or  to  their  respective  inhabitants,  may  be  referred  for 
decision  to  the  International  Joint  Commission  by  the  consent  of  the 
two  Parties,  it  being  understood  that  on  the  part  of  the  United  States 
any  such  action  will  be  by  and  with  the  advice  and  consent  of  the 
Senate,  and  on  the  part  of  His  Majesty's  Government  with  the  con- 
sent of  the  Governor  General  in  Council.  In  each  case  so  referred, 
the  said  Commission  is  authorized  to  examine  into  and  report  upon 
the  facts  and  circumstances  of  the  particular  questions  and  matters 
referred,  together  with  such  conclusions  and  recommendations  as 
may  be  appropriate,  subject,  however,  to  any  restrictions  or  excep- 
tions which  may  be  imposed  with  respect  thereto  by  the  terms  of  the 
reference. 

A  majority  of  the  said  Commission  shall  have  power  to  render  a 
decision  or  finding  upon  any  of  the  questions  or  matters  so  referred. 

If  the  said  Commission  is  equally  divided  or  otherwise  unable  to 
render  a  decision  or  finding  as  to  any  questions  or  matters  so  referred, 
it  shall  be  the  duty  of  the  Commissioners  to  make  a  joint  report  to 
Vjoth  Governments,  or  separate  reports  to  their  respective  (xovern- 
ments,  showing  the  different  conclusions  arrived  at  with  regard  to  the 
matters  or  qu&stions  so  referred,  which  questions  or  matters  shall 
thereupon  be  referred  for  decision  by  the  High  Contracting  parties 
to  an  umpire  chosen  in  accordance  with  tlie  procedure  prescribed  in 
the  fourth,  fifth,  and  sixth  paragraphs  of  Article  XLV  of  The  Hague 
Convention  for  the  pacific  settlement  of  international  disputes,  dated 
October  18,  1907.     Such  umpire  shall  have  power  to  render  a  final 


45 

decision  with  respect  to  those  matters  and  questions  so  referred  on 
which  the  Commission  failed  to  agree. 

Article  XI. 

A  duplicate  original  of  all  decisions  rendered  and  joint  reports 
made  by  the  Commission  shall  be  transmitted  to  and  filed  with  the 
Secretary  of  State  of  the  United  States  and  the  Governor  General  of 
the  Dominion  of  Canada,  and  to  them  shall  be  addressed  all  com- 
munications of  the  Commission. 

Article  XII. 

The  International  Joint  Commission  shall  meet  and  organize  at 
Washington  promptly  after  the  members  thereof  are  appointed,  and 
when  organized  the  Commission  may  fix  such  times  and  places  for  its 
meetings  as  may  be  necessary,  subject  at  all  times  to  special  call  or 
direction  by  the  two  Governments.  Each  Commissioner,  upon  the 
first  joint  meeting  of  the  Commission  after  his  appointment,  shall, 
before  proceeding  with  the  work  of  the  Commission,  make  and  sub- 
scribe a  solemn  declaration  in  writing  that  he  will  faithfully  and 
impartially  perform  the  duties  imposed  upon  him  under  this  treaty, 
and  such  declaration  shall  be  entered  on  the  records  of  the  proceed- 
ings of  the  Commission. 

The  United  States  and  Canadian  sections  of  the  Commission  may 
each  appoint  a  secretary,  and  these  shall  act  as  joint  secretaries  of 
the  Commission  at  its  joint  sessions,  and  the  Commission  may  em- 
ploy engineers  and  clerical  assistants  from  time  to  time  as  it  may 
deem  advisable.  The  salaries  and  personal  expenses  of  the  Commis- 
sion and  of  the  secretaries  shall  be  paid  by  their  respective  Govern- 
ments, and  all  reasonable  and  necessary  joint  expenses  of  the  Com- 
mission, incurred  by  it,  shall  be  paid  in  equal  moieties  by  the  High 
Contracting  Parties. 

The  Commission  shall  have  power  to  administer  oaths  to  witnesses, 
and  to  take  evidence  on  oath  whenever  deemed  necessary  in  any  pro- 
ceeding, or  inquiry,  or  matter  within  its  jurisdiction  under  this  treaty, 
and  all  parties  interested  therein  shall  be  given  convenient  oppor- 
tunity to  be  heard,  and  the  High  Contracting  Parties  agree  to  adopt 
such  legislation  as  may  be  appropriate  and  necessary  to  give  the  Com- 
mission the  powers  above  mentioned  on  each  side  of  the  boundary, 
and  to  provide  for  the  issue  of  subpoenas  and  for  compelling  the  at- 
tendance of  witnesses  in  proceedings  before  the  Commission.  The 
Commission  may  adopt  such  rules  of  procedure  as  shall  be  in  accord- 
ance with  justice  and  equity,  and  may  make  such  examination  in 
person  and  through  agents  or  employees  as  may  be  deemed  advisable. 

Article  XIII. 

In  all  cases  where  special  agreements  between  the  High  Contract- 
ing Parties  hereto  are  referred  to  in  the  foregoing  articles,  such  agree- 
ments are  understood  and  intended  to  include  not  only  direct  agree- 
ments between  the  High  Contracting  Parties,  but  also  any  mutual 
arrangement  between  the  United  States  and  the  Dominion  of  Canada 
expressed  by  concurrent  or  reciprocal  legislation  on  the  part  of  Con- 
gress and  the  Parliament  of  the  Dominion. 


46 

Article  XIV". 

The  present  treaty  shall  be  ratified  by  the  President  of  the  United 
States  of  America,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  by  His  Britannic  Majesty.  The  ratifications  shall  be  ex- 
changed at  Washington  as  soon  as  possible  and  the  treaty  shall  take 
effect  on  the  date  of  the  exchange  of  iis  ratifications.  It  shall  remain 
in  force  for  five  vears,  datins:  from  the  dav  of  exchange  of  ratifica- 
tions,  and  thereafter  until  terminated  by  twelve  months'  written 
notice  given  by  either  High  Contracting  Party  to  the  other. 

In  faith  whereof  the  respective  plenipotentiaries  have  signed  this 
treaty  in  duplicate  and  have  hereunto  affixed  their  seals. 

Done  at  Washington  the  11th  day  of  January,  in  the  year  of  our 
Lord  one  thousand  nine  hundred  and  nine. 

(Signed)  Elihu  Root      [seal] 

(Signed)  James  Bryce     [seal] 

And  whereas  the  Senate  of  the  United  States  by  their  resolution 
of  March  3,  1909,  (two-thirds  of  the  Senators  present  concurring 
therein)  did  advise  and  consent  to  the  ratification  of  the  said  Treaty 
with  the  following  understanding,  to  wit : 

'•Resolved  further,  as  a  part  of  this  ratification.  That  the  United 
States  approves  this  treaty  with  the  understanding  that  nothing  in 
this  treaty  shall  be  construed  as  affecting,  or  changing,  any  existing 
territorial  or  ripariaij  rights  in  the  water,  or  rights  of  the  owners  of 
lands  under  water,  on  either  side  of  the  international  boundary  at 
the  rapids  of  the  St.  Mary's  river  at  Sault  Ste.  Marie,  in  the  use  of 
the  waters  flowing  over  such  lands,  subject  to  the  requirements  of 
navigation  in  boundary  waters  and  of  navigation  canals,  and  without 
prejudice  to  the  existing  right  of  the  United  States  and  Canada,  each 
to  use  the  waters  of  the  St.  Mary's  river,  within  it-s  own  territory',  and 
further,  that  nothing  in  this  treaty  shall  be  construed  to  interfere 
with  the  drainage  of  wet  swamp  and  overflowed  lands  into  streams 
flowing  into  boundary  waters,  and  that  this  interpretation  will  be 
mentioned  in  the  ratification  of  this  treaty  "as  conveying  the  true 
meaning  of  the  treaty,  and  will,  in  effect,  form  part  of  the  treaty;" 

And  whereas  the  said  understanding  has  been  accepted  by  the 
Government  of  Great  Britain,  and  the  ratifications  of  the  two  Gov- 
ernments of  the  said  treaty  were  exchanged  in  the  City  of  Washing- 
ton, on  the  5th  day  of  May,  one  thousand  nine  hundred  and  ten; 

Now,  therefore,  be  it  known  that  I,  AVilliam  Howard  Taft, 
President  of  the  United  States  of  iVmerica,  have  caused  the  said 
treaty  and  the  said  underetanding,  as  forming  a  part  thereof,  to  be 
made  public,  to  the  end  that  the  same  and  every  article  and  clause 
thereof  may  be  observed  and  fulfilled  with  good  faith  by  the  United 
States  and  the  citizens  thereof. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Dc  ne  at  the  City  of  Washington  this  thirteenth  day  of  May  in  the 
year  of  our  Lord  one  thousand  nine  hundred  and  ten, 

[seal]     and  of  the  Independence  of  the  United  States  of  America 
the  one  hundred  and  thirty-fourth. 

Wm  H  Taft 

By  the  President: 
P  C  Kxox 

Secretary  of  State, 


47 
Protocol  of  Exchange 

On  proceeding  to  the  exchange  of  the  ratifications  of  the  treaty 
signed  at  Washington  on  January  11,  1909,  between  the  United  States 
and  Great  Britain,  rohiting  to  boundary  waters  and  questions  arising 
along  the  boundary  between  the  United  States  and  the  Dominion  of 
Canada,  the  undersigned  plenipotentiaries,  duly  authorized  thereto 
by  their  respective  Governments,  hereby  declare  that  nothing  in  thia 
treaty  shall  be  construed  as  affecting,  or  changing,  any  existing  ter- 
ritorial, or  riparian  rights  in  the  water,  or  rights  of  the  owners  of 
lands  under  water,  on  either  side  of  the  international  boundary  at  the 
rapids  of  the  St.  Mary's  River  at  Sault  Ste.  Marie,  in  the  use  of  the 
waters  flowing  over  such  lands,  subject  to  the  requirements  of  naviga- 
tion in  boundary  waters  and  of  navigation  canals,  and  without  prej- 
udice to  the  existing  right  of  the  United  States  and  Canada,  each 
to  use  the  waters  of  the  St.  Mary's  River,  within  its  own  territory; 
and  further,  that  nothing  in  this  treaty  shall  be  construed  to  interfere 
with  the  drainage  of  wet,  swamp,  and  overflowed  lands  into  streams 
flowing  into  boundary  waters,  and  also  that  this  declaration  shall  be 
deemed  to  have  equal  force  and  effect  as  the  treaty  itself  and  to  form 
an  integral  part  thereto. 

The  exchange  of  ratifications  then  took  place  in  the  usual  form. 

In  witness  whereof,  they  have  signed  the  present  Protocol  of  Ex- 
change and  have  afRxed  their  seals  thereto. 

Done  at  Washington  this  5th  day  of  May,  one  thousand  nine  hun- 
dred and  ten. 

Philander  C  Knox     [seal] 
James  Bryce  [seal] 


1910. 


Treaty  Concerning  the  Boundary  Line  in  Passamaquoddy 

Bay. 

Signed  at  Washington  May  21^  1910;  ratification  advised  hy  the 
Senate  June  6,  1910;  ratified  hy  the  President  July  13^  1910 ;  rati- 
fied hy  Great  Britain  June  23^  1910;  ratifications  exchanged  at 
Washington  August  20,  1910;  'proclaimed  Septemher  3,  1910. 

Aeticles. 


I.  Boundary  through  Passamaquoddy 

Bay. 
II.  Marking  of  boundary. 


III.  Right    to     improve    and    extend 

channel. 

IV.  Ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  and  of  the  British 
Dominions  beyond  the  Seas,  Emperor  of  India,  being  equally  desirous 
of  fixing  and  defining  the  location  of  the  international  boundary  line 
between  the  United  States  and  the  Dominion  of  Canada  in  Passama- 
quoddy Bay  and  to  the  middle  of  Grand  Manan  Channel,  and  of 
removing  all  causes  of  dispute  in  connection  therewith,  have  for 


48 

that  purpose  resolved  to  conclude  a  Treaty,  and  to  that  end  have 
appointed  as  their  Plenipotentiaries: 

The  President  of  the  United  States  of  America,  Philander  C. 
Knox,  Secretary  of  State  of  the  United  States;  and 

His  Britannic  Majesty,  the  Right  Honorable  James  Brrce,  O.  M., 
his  Ambassador  Extraordinary  and  Plenipotentiary  at  Washington; 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  which  were  found  to  be  in  due  and  proper  form,  have 
agi-eed  to  and  concluded  the  following  articles: 

Article  I. 

Whereas,  by  Article  I  of  the  Treaty  of  April  11,  1908,  betvp-een 
the  United  States  and  Great  Britain,  it  was  agreed  that  Commis- 
sioners should  be  appointed  for  the  purpose  of  more  accurately 
defining  and  marking  the  international  boundary  line  between  the 
United  States  and  the  Dominion  of  Canada  in  the  waters  of  Passa- 
maquoddy  Bay  from  the  mouth  of  the  St.  Croix  River  to  the  Bay 
of  Fund}',  the  description  of  the  location  of  certain  portions  of  such 
line  being  set  forth  in  the  aforesaid  Article,  and  it  w^as  agreed  with 
respect  to  the  remaining  portion  of  the  line  that  "  each  of  the  High 
Contracting  Parties  shall  present  to  the  other  within  six  months 
after  the  ratification  of  this  Treaty  a  full  printed  statement  of  the 
evidence,  with  certified  copies  of  original  documents  referred  to 
therein  which  are  in  its  possession,  and  the  arguments  upon  which 
it  bases  its  contentions,  with  a  view  to  arriving  at  an  adjustment  of 
the  location  of  this  portion  of  the  line  in  accordance  with  the  true 
intent  and  meaning  of  the  provisions  relating  thereto  of  the  treaties 
of  1783  and  1814  between  the  United  States  and  Great  Britain,  and 
the  award  of  the  Commissioners  appointed  in  that  behalf  under  the 
Treaty  of  1814 ;  it  being  understood  that  any  action  by  either  or  both 
Governments  or  their  representatives  authorized  in  that  behalf  or  by 
the  local  governments  on  either  side  of  the  line,  whether  prior  or 
subsequent  to  such  treaties  and  award,  tending  to  aid  in  the  interpre- 
tation thereof,  shall  be  taken  into  consideration  in  determining  their 
true  intent  and  meaning;" 

And  it  was  further  agreed  that  if  such  agreement  was  reached 
between  the  Parties  the  Commissioners  aforesaid  should  lay  down 
and  mark  this  portion  of  the  boundary  in  accordance  therewith 
and  as  provided  in  the  said  Article,  but  it  was  provided  that  in 
the  event  of  a  failure  to  agree  within  a  set  period,  the  location  of 
such  portion  of  the  line  should  be  determined  by  reference  to 
arbitration ; 

And  whereas,  the  time  for  reaching  an  agreement  under  the  pro- 
visions of  the  aforasaid  Article  expired  before  such  agreement  was 
reached  but  the  High  Contracting  Parties  are  nevertheless  desirous 
of  arriving  at  an  adjustment  of  the  location  of  this  portion  of  the 
line  by  agreement  without  resort  to  arbitration,  and  have  already, 
pursuant  to  the  provisions  above  quoted  of  Article  I  of  the  Treaty 
aforesaid,  presented  each  to  the  other  a  full  printed  statement  of  the 
evidence  and  of  the  arguments  upon  which  the  contentions  of  each 
are  based,  with  a  view  to  arriving  at  an  adjustment  of  the  location 
of  the  portion  of  the  line  referred  to  in  accordance  with  the  true 
intent  and  meaning  of  the  provisions  relating  thereto  in  the  Treaties 


49 

of  1783  and  1814  between  the  United  States  and  Great  Britain  and 
the  award  of  the  Commissioners  appointed  in  that  behalf  under  the 
Treaty  of  1814; 

Now,  therefore,  upon  the  evidence  and  arguments  so  presented, 
and  after  taking  into  consideration  all  actions  of  the  respective  Gov- 
ernments and  of  their  representatives  authorized  in  that  behalf  and 
of  the  local  governments  on  either  side  of  the  line,  whether  prior  or 
subsequent  to  such  treaties  and  award,  tending  to  aid  in  the  interpre- 
tation thereof,  the  High  Contracting  Parties  hereby  agree  that  the 
location  of  the  international  boundary  line  between  the  United  States 
and  the  Dominion  of  Canada  from  a  point  in  Passamaquoddy  Bay 
accurately  defined  in  the  Treaty  between  the  United  States  and  Great 
Britain  of  April  11,  1908,  as  lying  between  Treat  Island  and  Friar 
Head,  and  extending  thence  through  Passamaquoddy  Bay  and  to  the 
middle  of  Grand  Manan  Channel,  shall  run  in  a  series  of  seven  con- 
nected straight  lines  for  the  distances  and  in  the  directions  as  follows: 

Beginning  at  the  aforesaid  point  lying  between  Treat  Island  and 
Friar  Head,  thence 

(1)  South  8°  29'  57''  West  true,  for  a  distance  of  1152.6  meters; 
thence 

;2)   South  8°  29'  34"  East,  759.7  meters;  thence 
3)   South  23°  56'  25"  East,  1156.4  meters;  thence 

;4)   South  0°  23'  14"  West,  1040.0  meters;  thence 

(5)  South  28°  04'  26"  East,  1607.2  meters;  thence 

(6)  South  81°  48'  45"  East,  2616.8  meters  to  a  point  on  the  line 
which  runs  approximately  North  40°  East  true,  and  which  joins 
Sail  Rock,  off  West  Quoddy  Head  Light,  and  the  southernmost 
rock  lying  off  the  southeastern  point  of  the  southern  extremity  of 
Campobello  Island ;  thence 

(7)  South  47°  East  5100  meters  to  the  middle  of  Grand  Manan 
Channel. 

The  description  of  the  last  two  portions  of  the  line  thus  defined, 
viz,  those  numbered  (6)  and  (7),  is  intended  to  replace  the  descrip- 
tion of  the  lowest  portion  of  the  line,  viz,  that  numbered  (2),  as 
defined  in  Article  I  of  the  Treaty  of  April  11,  1908. 

Article  II. 

The  location  of  the  boundary  line  as  defined  in  the  foregoing 
Article  shall  be  laid  down  and  marked  by  the  Commissioners  under 
Article  I  of  the  aforesaid  Treaty  of  April  11,  1908,  in  accordance 
with  the  provisions  of  such  Article,  and  the  line  so  defined  and  laid 
down  shall  be  taken  and  deemed  to  be  the  international  boundary 
extending  between  the  points  therein  mentioned  in  Grand  Manan 
Channel  and  Passamaquoddy  Bay. 

Article  III. 

It  is  further  agreed  by  the  High  Contracting  Parties  that  on  either 
side  of  the  hereinabove  described  line  southward  from  the  point 
of  its  intersection  with  a  line  drawn  true  north  from  Lubec  Channel 
liight,  as  at  present  established,  either  Party  shall  have  the  right, 
upon  two  months'  notice  to  the  other,  to  improve  and  extend  the 
channel  to  such  depth  as  may  by  it  be  deemed  desirable  or  necessary, 

76844°— S.  Doc.  1063,  62-3 4 


50 

and  to  a  width  not  exceeding  one  hundred  and  fifteen  (115)  meters 
on  each  side  of  the  boundary  line,  and  from  such  point  of  intersection 
northerly  through  Lubec  Narrows  to  the  turning  point  in  the  bound- 
ary lying  between  Treat  Island  and  Friar  Head,  either  Party  shall 
have  the  right,  upon  two  months'  notice  to  the  other,  to  improve 
and  deepen  the  present  channel  to  a  width  not  exceeding  sixty-five 
(65)  meters  on  each  side  of  the  boundar}^  line  and  to  such  depth  as 
may  by  it  be  deemed  desirable  or  necessary ;  it  being  understood, 
however,  that  each  Party  shall  also  have  the  right  to  further  widen 
and  deepen  the  channel  anywhere  on  its  own  side  of  the  boundary. 

Akticl^  IV. 

This  Treaty  shall  be  ratified  by  the  President  of  the  United  States, 
by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and  by 
His  Britannic  Majesty;  and  the  ratifications  shall  be  exchanged  in 
AVashington  as  soon  as  practicable. 

In  faith  whereof,  the  respective  Plenipotentiaries  have  signed  this 
Treaty  in  duplicate  and  have  hereunto  affixed  their  seals. 

Done  at  Washington  the  21st  day  of  May,  in  the  year  of  our  Lord 
one  thousand  nine  hundred  and  ten. 

P  C  Knox  [seal] 

James  Bryce     [seal] 


1910. 

Ir^cuNiARY  Claims — Agreement. 

Signed  at  Washinr/ton  August  1^8^  1910;  ratification  advised  hy  the 
Senate  July  19^  1911;  confirmed  hy  exchange  of  notes  April  26^ 
1912. 

Abticles. 

of  tri- 


I. 

Claims  to  be  submitted. 

VII. 

Obligations   of   members 

II. 

Limitations. 

bunal. 

III. 

Arbitral  tribunal. 

VIII. 

Payment  of  claims. 

IV. 

Proceeding. 

IX. 

Expenses. 

V. 

Procedure. 

X. 

Ratification. 

VI. 

Time  and  place  of  meetings. 

Whereas  the  United  States  and  Great  Britain  are  signatories  of 
the  convention  of  the  18th  October,  1907,  for  the  pacific  settlement 
of  international  disputes,  and  are  desirous  that  certain  pecuniary 
claims  outstanding  between  them  should  be  referred  to  arbitration, 
as  recommended  by  article  38  of  that  convention : 

Now,  therefore,  it  is  agreed  that  such  claims  as  are  contained  in 
the  schedules  drawn  up  as  hereinafter  provided  shall  be  referred  to 
arbitration  under  Chapter  IV  of  the  said  convention,  and  subject  to 
the  following  provisions: 

Article  1.  Either  party  may,  at  any  time  within  four  months 
from  the  date  of  the  confirmation  of  this  agreement,  present  to  the 
other  party  any  claims  which  it  desires  to  submit  to  arbitration. 
The  claims  so  presented  shall,  if  agreed  upon  by  both  parties,  unless 
reserved   as  hereinafter  provided,   be   submitted   to   arbitration   in 


51 

accordance  with  the  provisions  of  this  agreement.  They  shall  be 
grouped  in  one  or  more  schedules  which,  on  the  part  of  the  United 
States,  shall  be  agreed  on  by  and  with  the  advice  and  consent  of 
the  Senate,  His  Majesty's  Government  reserving  the  right  before 
agreeing  to  the  inclusion  of  any  claim  affecting  the  interests  of  a 
self-governing  dominion  of  the  British  Empire  to  obtain  the  con- 
currence thereto  of  the  Government  of  that  dominion. 

Either  party  shall  have  the  right  to  reserve  for  further  examination 
any  claims  so  presented  for  inclusion  in  the  schedules;  and  any 
claims  so  reserved  shall  not  be  prejudiced  or  barred  by  reason  of 
anything  contained  in  this  agreement. 

ARTICI.E  2.  All  claims  outstanding  between  the  two  Governments 
at  the  date  of  the  signature  of  this  agreement  and  originating  in 
circumstances  or  transactions  anterior  to  that  date,  whether  sub- 
mitted to  arbitration  or  not,  shall  thereafter  be  considered  as  finally 
barred  unless  reserved  by  either  party  for  further  examination  as 
provided  in  article  1. 

Article  3.  The  Arbitral  Tribunal  shall  be  constituted  in  accord- 
ance with  article  87  (Chapter  IV)  and  with  article  59  (Chapter  III) 
of  the  said  convention,  which  are  as  follows : 

Article  87.  Each  of  the  parties  in  dispute  appoints  an  arbitrator.  The  two 
arbitrators  thus  selected  choose  an  umpire.  If  they  do  not  agree  on  this  point, 
each  of  them  proposes  two  candidates  taken  from  the  general  list  of  the  mem- 
bers of  the  Permanent  Court,  exclusive  of  the  members  appointed  by  either 
of  the  parties  and  not  being  nationals  of  either  of  them;  which  of  the  candi- 
dates thus  proposed  shall  be  the  umpire  is  determined  by  lot. 

The  umpire  presides  over  the  tribunal,  which  gives  its  decisions  by  a  majority 
of  votes. 

Article  59.  Should  one  of  the  arbitrators  either  die,  retire,  or  be  unable  for 
any  reason  whatever  to  discharge  his  functions,  the  same  procedure  is  followed 
for  filling  the  vacancy  as  was  followed  for  appointing  him. 

Article  4.  The  proceedings  shall  be  regulated  by  so  much  of 
Chapter  IV  of  the  convention  and  of  Chapter  III,  excepting  articles 
53  and  54,  as  the  tribimal  may  consider  to  be  applicable  and  to  be 
consistent  with  the  provisions  of  this  agreement. 

Article  5.  The  tribunal  is  entitled,  as  provided  in  article  74 
(Chapter  III)  of  the  convention,  to  issue  rules  of  procedure  for  the 
conduct  of  business,  to  decide  the  forms,  order,  and  time  in  which 
each  party  must  conclude  its  arguments,  and  to  arrange  all  formali- 
ties required  for  dealing  with  the  evidence. 

The  agents  and  counsel  of  the  parties  are  authorized,  as  provided 
in  article  70  (Chapter  III),  to  present  orally  and  in  writing  to  the 
tribunal  all  the  arguments  they  may  consider  expedient  in  support  or 
in  defense  of  each  claim. 

The  tribunal  shall  keep  record  of  the  claims  submitted,  and  the 
proceedings  thereon,  with  the  dates  of  such  proceedings.  Each 
Government  may  appoint  a  secretary.  These  secretaries  shall  act 
together  as  joint  secretaries  of  the  tribunal  and  shall  be  subject  to  its 
direction.  The  tribunal  may  appoint  and  employ  any  other  necessary 
officer  or  officers  to  assist  it  in  the  performance  of  its  duties. 

The  tribunal  shall  decide  all  claims  submitted  upon  such  evidence 
or  information  as  may  be  furnished  by  either  Government. 

The  tribunal  is  authorized  to  administer  oaths  to  witnesses  and  to 
take  evidence  on  oath. 

The  proceedings  shall  be  in  English. 


52 

Article  6.  The  tribunal  shall  meet  at  Washington  at  a  date  to  be 
hereafter  fixed  by  the  two  Governments,  and  may  fix  the  time  and 
place  of  subsequent  meetings  as  may  be  convenient,  subject  always 
to  special  direction  of  the  two  Governments. 

Article  7.  Each  member  of  the  tribunal,  up>on  assuming  the  func- 
tion of  his  office,  sliall  make  and  subscribe  a  solemn  declaration  in 
writing  that  he  will  carefully  examine  and  impartially  decide,  in 
accordance  with  treaty  rights  and  with  the  principles  of  international 
law  and  of  equit}',  all  claims  presented  for  decision,  and  such  declara- 
tion shall  be  entered  upon  the  record  of  the  proceedings  of  the 
tribunal. 

Article  8.  AU  sums  of  money  which  may  be  awarded  bv  the 
tribunal  on  account  of  any  claim  shall  be  paid  by  the  one  Government 
to  the  other,  as  the  case  may  be,  within  eighteen  months  after  the 
date  of  the  final  award,  without  interest  and  without  deduction,  save 
as  specified  in  the  next  article. 

Ajiticle  9.  Each  Government  shall  bear  its  own  expenses.  The 
expenses  of  the  tribunal  shall  be  defrayed  by  a  ratable  deduction  on 
the  amount  of  the  sums  awarded  by  it,  at  a  rate  of  5  per  cent,  on  such 
sums,  or  at  such  lower  rate  as  may  be  agreed  upon  between  the  two 
Governments;  the  deficiency,  if  any,  shall  be  defrayed  in  equal 
moieties  by  the  two  Governments. 

Articu:  10.  The  present  agreement,  and  also  any  schedules  agreed 
thereunder,  shall  be  binding  only  when  confirmed  by  the  two  Gov- 
ernments by  an  exchange  of  notes. 

In  witness  whereof  this  agreement  has  been  signed  and  sealed  by 
the  Secretary  of  State  of  the  United  States,  Philander  C.  Ivnox,  on 
behalf  of  the  United  States,  and  by  His  Britannic  Majesty's  Ambas- 
sador at  Washington,  The  Right  Honorable  James  Bryce,  O.  M.,  on 
behalf  of  Great  Britain. 

Done  in  duplicate  at  the  City  of  Washington,  this  18th  day  of 
August,  one  thousand  nine  hundred  and  ten. 

[seal.]     Philander  C  Knox 
[seal.]     James  Brycb 

SCHEDULE  OF  CLAIMS. 

FIRST  SCHEDULE  OF  CLAIMS  TO  BE  SUBMITTED  TO  ARBITRATION  IN  ACCORD- 
ANCE WITH  THE  PROVISIONS  OF  THE  SPECIAL  AGRFJ:MENT  FOR  THE 
SUBMISSION  TO  ARBITRATION  OF  PECUNIARY  CLAIMS  OUTSTANDING 
BETWEEN  THE  UNITED  STATES  AND  GREAT  BRITAIN,  SIGNED  ON  THE 
18TH  DAY  OF  AUGUST,   1910,  AND  THE  TERMS  OF  SUCH  SUBMISSION. 

Class  I. — Claims  based  on  alleged  denial  in  whole  or  in  part  of  real 
property  rights. 

AMERICAN.  BRITISH. 

Webster,  Studer,  R.  E.  Brown,  Samuel     Cayuga  Indians,  Rio  Grande. 
Clark. 

Fijian  Land  Claims. 

Burt,  Henry,  Brower,  Williama 


53 

Class  IT. — Claims  based  on  the  acts  of  the  authorities  of  either  Grov- 
emment  in  regard  to  the  vessels  of  the  nationals  of  the  other 
Government,  or  for  the  alleged  wrongful  collection  or  receipt  of 
customs  duties  or  other  charges  by  the  authorities  of  either  Gov- 
ernment. 


AMERICAN. 

Fishiriff  Claims. 

Group  I. 

Against  Newfoundland : 

Cunningham  &  Thompson  (18  ves- 
sels)— Masconomo,  Arbutus,  Anglo- 
Saxon,  Quickstep,  Nourmahal,  Puri- 
tan, Talisman,  Norma,  Norumbega, 
Aloha,  Ingomar,  Jennie  B.  Hodgdon, 
Arkona,  Afethusa,  Independence  II, 
S.  P.  Willard,  Corona,  Saladin. 

Davis  Bros.  (10  vessels) — Oregon, 
Margaret,  Theo.  Roosevelt,  L.  M. 
Stanwood,  Georgie  Campbell, 
Blanche,  Veda  McKown,  E.  A.  Per- 
kins, Kearsarge,  Lena  &  Maud. 

Wm.  H.  Parsons  (12  vessels) — Corsair, 
Grace  L.  Fears,  Argo,  Lizzie  Griffin, 
Independence,  Independence  II, 
Dreadnought,  Robin  Hood,  Helen  G. 
Wells,  Colonial,  Alice  M.  Parsons, 
Mildred  V.  Lee. 

Gorton-Pew  Co.  (37  vessels) — A.  M. 
Parker,  Priscilla  Smith,  Senator 
Gardner,  Corsair,  Vigilant,  Harry  A. 
Nickerson,  Gossip,  Flirt,  Ella  G. 
King,  Helen  G.  Wells,  Ramona,  Mas- 
sachusetts, Ellen  C.  Burke.  J.  J. 
Flaherty,  Geo.  R.  Alston,  Maxine  El- 
liott, Vera,  Orinoco,  Miranda,  Ma- 
donna, Atlanta,  Gov.  Russell,  Mys- 
tery, Jas.  A.  Garfield.  L.  I.  LoweU, 
Dora  A.  Lawson,  Tattler,  Alice  R. 
Lawson,  Olga,  J.  R.  Bradley,  Fannie 
Smith,  Rob  Roy,  Smuggler,  Essex, 
Athlete,  Valkyria,  Sceptre. 

W.  H.  Jordan  (6  vessels) — Lewis  H. 
Giles,  O.  W.  Holmes,  The  Gatherer, 
Hattie  E.  Worcester,  Goldenrod,  Jo- 
seph Rowe. 

Orlando  Merchant  (16  vessels) — Ava- 
lon.  Constellation,  O.  W.  Holmes, 
Golden  Rod,  Grayling,  Joseph  Rowe, 
Harvard,  Mary  E.  Harty,  Harriet 
W.  Babson,  Richard  Wainwright, 
Henry  M.  Stanley,  Lewis  H.  Gilea, 
Lottie  G.  Merchant,  Oriole,  Clin- 
tonia,  Esperanto. 

Jerome  McDonald  (3  vessels) — Pre- 
ceptor, Gladiator,  Monitor. 

John  Pew  &  Sons  (5  vessels) — A.  B. 
Whyland,  Essex,  Columbia,  Orinoco, 
Scepter. 

D.  B.  Smith  &  Co.  (12  vessels)— Smug- 
gler, Lucinda  I.  Lowell,  Helen  P. 
Whittier,    Dora   A.   Lawson,    Carrie 


BRITISH. 

Shipping  Claims. 

Coquitlam,  Favourite,  Wanderer,  Kate, 
Lord  Nelson,  Canadlenne,  Eastry, 
Lindisfarne,  Newchwang,  Sidra,  Ma- 
roa,  Thomas  F.  Bayard,  Jessie,  Pes- 
chawa. 

Canadian  Claim^s  for  Refund  of  Hay 
Duties. 

Peter  Anderson,  Charles  Arpin,  Na- 
thaniel Bachelder,  Magloire,  G. 
Blain,  Toussaint  Bourassa,  continu- 
ing partner  of  Bourassa  and  Forrest- 
er; Pierre  Bourgeois,  William  Bur- 
land  &  Company,  Charles  S.  Rowe, 
surviving  partner;  Frederick  Catu- 
dal ;  L.  N.  Charlebois,  heir  and  as- 
signee of  Denis  N.  Charlebois ;  Jo- 
seph Couture;  Wilfrid  Dorais,  heir 
of  Louis  T.  Dorais;  John  and  Fran- 
cis Ewing,  John  Ewing,  surviving 
partner;  Joseph  Jean  Baptiste  Gos- 
selin,  heirs  of  Joseph  A.  Lamoureux, 
deceased. 


54 


TV.  Babson,  Golden  Hope.  Femwood, 
Sen.  Gardner.  Maxine  Elliott,  J.  J. 
Flaherty.  Tattler,  Stranger. 

Sylvanus  Smith  &  Co.  (7  vessels)  — 
Lueile.  Bohemia,  Claudia,  Arcadia. 
Parthia,  Arabia,  Sylvauia. 

John  Chisolm  (5  vessels) — Admiral 
Dewey.  Harry  G.  French,  Monarch, 
Judique,  Conqueror. 

Carl  C.  Young  (3  vessels) — Dauntless, 
A.  E.  Whyland.  William  E.  Morris- 
sey. 

Hugh  Parkhurst  &  Co.  (6  vessels) — 
Rival.  Arthur  D.  Story,  Patrician, 
Geo.  Parker.  Sen.  Saulsbury.  Diana. 

A..  D.  Mallock  (3  vessels)— Indiana. 
Alert.  Edna  Wallace  Hopper. 

Thomas  M.  Nickolson  (13  vessels) — 
Ada  S.  Babson,  Elizabeth  N.,  Hiram 
Lowell,  M.  B.  Stetson,  A.  V.  S.  Wood- 
ruff, T.  M.  Nickolson,  Landseer,  Ed- 
gar S.  Foster,  A.  M.  Nickolson,  Wm. 
Matheson.  Robin  Hood,  Annie  G. 
Quinner,  N.  E.  Symonds. 

M.  J.  Palson  (3  vessels) — Barge  Tillid, 
Schooner  .T.  K.  Manning,  Tug  Clarita. 

M.  J.  Dillon  (1  vessel)— Edith  Emery. 

Russell  D.  Terry  (1  vessel) — Centen- 
nial. 

Lemuel  E.  Spinney  (3  vessels) — Amer- 
ican, Arbitrator.  Dictator. 

Wm.  H.  Thomas  (2  vessels)— Elmer  E. 
Gray,  Thos.  L.  Gorton. 

Frank  H.  Hall  (3  vessels)— Ralph  H. 
Hall,  Sarah  E.  Lee,  Faustina. 

M.  Walen  &  Son  (7  vessels) — Ken- 
tucky, Effie  W.  Prior,  Orpheus,  Hat- 
tie  A.  Heckman,  Ella  M.  Goodsiu, 
Bessie  N.  Devine,  Arthur  James. 

Atlantic  Maritime  Co.  (7  vessels)  — 
James  W.  Parker,  Raynah,  Susan  & 
Mary,  Elsie,  Fannie  E.  Prescott,  E. 
E.  Gray,  Mildred  Robinson. 

Waldo  I.  Wonson  (5  vessels) — Ameri- 
can, Mystery,  Procyon,  Effie  M.  Mor- 
rissey.  Marguerite. 

Edward  Trevoy  (1  vessel)  —  Edward 
Trevoy. 

Henry  Atwood  (1  vessel) — Fannie  B. 
Atwood. 

Fred  Thompson  (1  vessel) — Elsie  M. 
Smith. 

Group  2. 

Against  Newfoundland : 
Bessie  M.  Wells.  Elector,  Sarah  B.  Put- 
nam, A.  E.  Whyland.  N.  B.  Parker, 
Thomas  F.  Bayard,  Arethusa,  Harry 
A.  Nickerson,  Arkona,  Edna  Wallace 
Hopper,  Athlete. 

Fishing   Claims. 

Against  Canada  : 
EYe^lerick  Gerring,  North,  D.  J.  Adams, 
R.  T.  Roy,  Tattler,  Hurricane,  Argo- 
naut, Jonas  H.  French. 


55 

Class  III. — Claims  based  on  damages  to  the  property  of  either  Gov- 
ernment or  its  nationals,  or  on  personal  wrongs  of  such  nationals, 
alleged  to  be  due  to  the  operations  of  the  military  or  naval  forces 
of  the  other  Government  or  to  the  acts  or  negligence  of  the  civil 
authorities  of  the  other  Government. 


AMERICAN. 

Home  Missionary  Society,  Daniel  John- 
son, Union  Bridge  Company,  Ma- 
de! ros. 


BRITISH. 


Four  Cable  Companies  Claims. 

Cuban  Submarine  Telegraph  Co.,  East- 
ern Extension  Cable  Co.,  Canadian 
Electric  Light  Co.,  Great  North- 
western Telegraph  Co. 

"  Philippine    War "    Claims. 

Ackart,  Balfour,  Broxup,  Cundal,  Dod- 
son,  Fleming,  Forbes,  Fox,  Fyfe, 
Grace,  Grindrod,  Hawkins,  F.,  Haw- 
kins, J.,  Hendry,  Hill,  Hogg,  Holi- 
day, Hong  Kong  Bank,  Uoilo  Club, 
Eastern  Extension  Telegraph  Co., 
Higgins,  W.,  Higgins,  N.  L.,  Hoskin 
&  Co.,  Kaufman,  Ker  Bolton  &  Co., 
Launders,  McLeod,  McMeeking, 
Moore,  Philippine  Mineral  Syndicate, 
Pohang,  Pohoomul,  Smith,  Stevenson, 
Strachan,  Thomson,  Underwood, 
Warner,  Zaflro,  C.  B.  Chiene,  N.  L. 
Chiene,  Parsons  &  Walker. 

"  Hawaiian  "  Claims. 

Ashford,  Bailey,  Harrison,  Kenyon, 
Levy,  McDowall,  Rawlins,  Redward, 
Reynolds,  Thomas. 

Hardman,  Wrathall,  Cadenhead. 

Class  IV. — Claims  based  on  contracts  between  the  authorities  of 
either  Government  and  the  nationals  of  the  other  Government. 

BRITISH. 
King  Robert.  Yukon  Lumber,  Hemming. 


TERMS  OF  SUBMISSION. 

I.  In  case  of  any  claim  being  put  forward  by  one  party  which  is 
alleged  by  the  other  party  to  1^  barred  by  treaty,  the  Arbitral  Tri- 
bunal shall  first  deal  with  and  decide  the  question  whether  the  claim 
is  so  barred,  and  in  the  event  of  a  decision  that  the  claim  is  so  barred, 
the  claim  shall  be  disallowed. 

II.  The  ^Vrbitral  Tribunal  shall  take  into  account  as  one  of  the 
equities  of  a  claim  to  such  extent  as  it  shall  consider  just  in  allowing 
or  disallowing  a  claim  any  admission  of  liability  by  the  Government 
against  whom  a  claim  is  put  forward. 

III.  The  Arbitral  Tribunal  shall  take  into  account  as  one  of  the 
equities  of  a  claim  to  such  extent  as  it  shall  consider  just  in  allowing 


56 

or  disalloTvmg  a  claim,  in  whole  or  in  part,  any  failure  on  the  part  of 
the  claimants  to  obtain  satisfaction  through  legal  remedies  which  are 
open  to  him  or  placed  at  his  disposal,  but  no  claim  shall  be  disallowed 
or  rejected  by  application  of  the  general  principle  of  international 
law  that  the  legal  remedies  must  be  exhausted  as  a  condition  prece- 
dent to  the  validity  of  the  claim. 

IV.  The  Arbitral  Tribunal,  if  it  considers  equitable,  may  include 
in  its  award  in  respect  of  any  claim  interest  at  a  rate  not  exceeding  4 
per  cent  per  annum  for  the  whole  or  any  part  of  the  period  between 
the  date  when  the  claim  was  first  brought  to  the  notice  of  the  other 
party  and  that  of  the  confirmation  of  the  schedule  in  which  it  is 
mclude<L 

The  foregoing  Schedule  and  Terms  of  Submission  are  agreed  upon 
in  pursuance  or  and  subject  to  the  provisions  of  the  Special  Agree- 
ment for  the  submission  to  arbitration  of  pecuniary  claims  outstand- 
ing between  the  United  States  and  Great  Britain,  signed  on  the  18th 
day  of  August,  1910,  and  require  confirmation  by  the  two  Govern- 
ments in  accordance  with  the  provisions  of  that  Agreement. 

Signed  in  duplicate  at  the  City  of  Washington,  this  sixth  day  of 
July,  one  thousand  nine  hundred  and  eleven,  by  the  Secretary  of 
State  of  the  United  States,  Philander  C.  Knox,  on  behalf  of  the 
United  States,  and  by  his  Britannic  Majesty's  Ambassador  at  Wash- 
ington, the  Right  Honorable  James  Bryce,  O.  M,  on  behalf  of  Great 
Britain. 

Philander  C  Kjnox 
James  Brtcb 


1911.« 

Fur  Seals  Treaty. 

Sigmed  at  Washington  February  7,  1911 ;  rati-flcation  advised  hy  tlie 
Senate  Febmory  15^  1911 ;  ratified  hy  the  President  March  6,  1911; 
ratifed  hy  Great  Britain  April  20.  1911;  ratifications  exchanged  at 
Washington  July  7,  1911;  'proclaimed  December  H^  1911. 

Abticles. 


I.  Prohibition   against   pelagic   seal- 
in. s. 
II.  Delivery  of  seal  skins  to  agent  of 
Canadian  Government. 
III.  Advance  payment  to  Great  Brit- 
ain. 


IV.  Definition  of  pelagic  sealing. 
V.  Maintenance  of  guard  or  patrol. 
VI.  Effect;  duration. 
VII.  Cooperation  of  other  powers. 
VIII.  Ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  and  of  the  British 
Dominions  beyond  the  Seas,  Emperor  of  India,  being  desirous  of 
adopting  effective  measures  for  the  preservation  and  protection  of 


•  Superseded  by  the  treaty  of  July  7,  1911.     See  Article  XV,  p.  65. 


57 

the  fur  seals,  have  resolved  to  conclude  a  treaty  for  that  purpose 
and  to  that  end  have  named  as  their  Plenipotentiaries : 

The  President  of  the  United  States  of  America,  Philander  C.  Knox, 
Secretaiy  of  State  of  the  United  States ;  and 

His  Britannic  Majesty,  the  Right  Hon.  James  Bryce,  O.  M.,  his 
Ambassador  Extraordinary  and  Plenipotentiary  at  Washington; 

Who,  having  communicated  to  each  other  their  respective  full 
powers,  which  were  found  to  be  in  due  and  proper  form,  have  agreed 
to  and  concluded  the  following  Articles: 

Article  I. 

The  High  Contracting  Parties  mutually  and  reciprocally  agree  thai 
their  citizens  and  subjects,  respectively,  and  all  persons  subject  to 
their  laws  and  treaties,  and  their  vessels  shall  be  prohibited  while 
this  Article  remains  in  force  from  engaging  in  pelagic  sealing  in  that 
part  of  the  Behring  Sea  and  North  Pacific  Ocean  north  of  the  thirty- 
fifth  degree  of  north  latitude  and  east  of  the  one  hundred  and 
eightieth  meridian,  and  that  every  such  person  or  vessel  offending 
against  this  prohibition  may  be  seized  and  detained  by  the  naval  or 
other  duly  commissioned  officers  of  either  of  the  High  Contracting 
Parties,  but  they  shall  be  delivered  as  soon  as  practicable  to  the 
authorities  of  the  nation  to  which  they  respectively  belong,  who 
alone  shall  have  jurisdiction  to  try  the  offense  and  impose  the  penal- 
ties for  the  same,  the  witnesses  and  proof  necessary  to  establish  the 
offense  being  also  sent  with  them,  or  otherwise  furnished  to  the 
proper  jurisdictional  authority  with  all  reasonable  promptitude;  and 
they  agree,  further,  respectively,  to  prohibit  during  the  same  period 
the  use  of  any  United  States  or  British  port  by  any  persons  for  any 
purposes  whatsoever  connected  with  the  operations  of  pelagic  sealing 
in  said  waters,  and  to  prohibit  during  the  same  period  the  importa- 
tion or  bringing  of  any  fur-seal  skins  taken  in  such  pelagic  sealing 
into  any  United  States  or  British  port,  and  by  the  necessary  legisla- 
tion and  enforcement  of  appropriate  penalties  thereunder  to  make 
such  prohibitions  effective. 

Such  prohibitions,  however,  shall  not  apply  to  Indians  dwelling  on 
the  coasts  of  the  territory  of  the  United  States  or  of  Great  Britain 
and  carrying  on  pelagic  sealing  in  canoes  not  transported  by  or  used 
in  connection  with  other  vessels,  and  propelled  wholly  by  paddles, 
oars,  or  sails,  and  maimed  by  not  more  than  five  persons  each,  in  the 
way  hitherto  practiced  by  the  Indians^  without  the  use  of  firearms, 
provided  such  Indians  are  not  in  the  employment  of  other  persons, 
nor  under  contract  for  the  delivery  of  the  skins  to  any  person. 

Artkjlb  II. 

The  United  States  agrees  that  one-fifth  (*/b)  in  number  and  in  value 
of  the  total  number  of  sealskins  taken  annually  upon  the  Pribilof 
Islands,  or  any  other  islands  or  shores  of  the  waters  above  defined, 
subject  to  the  jurisdiction  of  the  United  States,  to  which  the  seal 
herd  now  frequenting  the  Pribilof  Islands  hereafter  resorts,  shall  be 
delivered  at  the  end  of  each  season  to  an  authorized  agent  of  the 
Canadian  Government  in  the  Pribilof  Islands:  Provided,  however. 
That  nothing  herein  contained  shall  restrict  the  right  of  the  United 


58 

States  at  any  time  and  from  time  to  time  to  suspend  altogether  the 
taking  of  sealskins  on  such  islands  or  shores  subject  to  its  jurisdic- 
tion, and  to  impose  such  restrictions  and  regulations  upon  the  total 
number  of  skins  to  be  taken  in  any  season  and  the  manner  and  times 
and  places  of  taking  them  as  may  seem  necessary  to  protect  and  pre- 
serve the  seal  herd  or  to  increase  its  numbei-s. 

Article  III. 

It  is  further  agreed  that  as  soon  as  this  Article  goes  into  effect  the 
United  States  shall  paj^  to  Great  Britain  the  sum  of  two  hundred 
thousand  dollars  ($200,000)  as  an  advance  payment  in  lieu  of  such 
number  of  fTir-seal  skins,  to  "which  Great  Britain  woukl  be  entitled 
under  the  provisions  of  this  treaty,  as  would  be  equivalent  to  that 
amount  reckoned  at  their  market  value  at  London  at  the  date  of  de- 
livery, before  dressing  or  curing  and  less  cost  of  transportation  from 
the  Pribilof  Islands;  such  market  value  in  case  of  dispute  to  be 
determined  by  an  umpire  to  be  agreed  upon  by  the  High  Contracting 
Parties,  which  skins  shall  be  retained  by  the  United  States  in  satis- 
faction of  such  payment. 

The  United  States  further  agrees  that  Great  Britain's  share  of  the 
sealskins  taken  on  the  Pribilof  Islands  shall  not  be  less  than  one 
thousand  (1,000)  in  any  year,  even  if  such  number  is  more  than  one- 
fifth  of  the  number  to  which  the  authorized  killing  is  restricted  in 
such  year,  unless  the  killing  of  seals  in  such  year  or  years  shall  have 
been  absolutely  prohibited  by  the  United  States  for  all  purposes 
except  to  supply  food,  clothing,  and  boat  skins  for  the  natives  on  the 
islands,  in  which  case  the  United  States  agrees  to  pay  to  Great  Britain 
the  sum  of  ten  thousand  dollars  ($10,000)  annually  in  lieu  of  any 
share  of  skins  during  the  years  when  no  killing  is  allowed,  and  Great 
Britain  agrees  that  after  deducting  the  skins  of  Great  Britain's  share 
which  are  to  be  retained  by  the  United  States  as  above  provided  to 
reimburse  itself  for  the  advance  payment  aforesaid,  the  United  States 
shall  be  entitled  to  reimburse  itself  for  any  annual  payments  made  as 
lierein  required,  by  retaining  an  additional  number  of  sealskins  from 
Great  Britain's  share  over  and  above  the  specified  minimum  allow^- 
ance  of  one  thousand  (1,000)  skins  in  any  subsequent  year  or  years 
when  killing  is  again  resumed,  until  the  whole  number  of  the  skins  so 
retained  shall  equal,  reckoned  at  their  market  value  determined  as 
above  provided  for,  the  entire  amount  so  paid,  with  interest  at  the 
rate  of  four  (4)  per  cent  per  annum. 

If,  how^ever,  the  total  number  of  seals  frequenting  the  Pribilof 
Islands  in  any  year  falls  below  one  hundred  thousand  (100,000), 
enumerated  by  official  count,  then  all  killing,  excepting  the  inconsider- 
able supply  necessary  for  the  support  of  the  natives,  as  above  noted, 
may  be  suspended  without  allowance  of  skins  or  payment  of  money 
equivalent  until  the  number  of  such  seals  again  exceeds  one  hundred 
thousand  (100,000),  enumerated  in  like  manner. 

Article  IV. 

The  term  "  pelade  sealing,"  as  used  herein^  is  defined  to  be  the 
killing,  capturmg,  or  pursuing  in  any  manner  whatsoever  of  fur 
seals  at  sea,  outside  territorial  waters. 


59 

Aeticle  v. 

The  Hig:h  Contrnctin<T  Parties  agree  that  they  will  each  maintain 
a  guard  or  patrol  in  the  waters  of  the  North  Pacific  Ocean  and 
Behring  Sea  so  far  as  may  be  necessary  for  the  enforcement  of  the 
aforesaid  prohibitions. 

Article  VI. 

The  foregoing  Articles  shall  go  into  eflfect  as  soon  as,  but  not 
before,  an  international  agreement  is  concluded  and  ratified  by  the 
Governments  of  the  United  States,  Great  Britain,  Japan,  and  Russia, 
by  which  each  of  those  powers  shall  undertake,  by  such  stipulations 
as  may  be  mutually  acceptable,  to  prohibit  for  a  period  of  not  less 
than  fifteen  years,  its  own  citizens  or  subjects,  and  all  persons  sub- 
ject to  its  laws  and  treaties,  from  engaging  in  pelagic  sealing  in 
waters  including  the  area  defined  in  xVrticle  I,  and  effectively  to 
.enforce  such  prohibition. 

The  foregoing  Articles  of  this  treaty  shall  continue  in  force  during 
the  period  of  fifteen  (15)  years  from  the  day  on  which  they  go  into 
effect  and  thereafter  until' terminated  by  twelve  (12)  months'  writ- 
ten notice  given  by  either  the  United  States  or  Great  Britain  to  the 
other,  which  notice  may  be  given  at  the  expiration  of  fourteen  years 
or  at  any  time  afterwards. 

Article  VII. 

The  High  Contracting  Parties  engage  to  cooperate  with  each  other 
in  urging  other  powers  whose  subjects  or  citizens  may  be  concerned 
in  the  fur-seal  fisheries  to  forego,  in  virtue  of  appropriate  arrange- 
ments, the  exercise  of  the  right  of  pelagic  sealing,  and  also  to  prohibit 
the  use  of  their  ports  and  flag  in  the  furtherance  of  pelagic  sealing 
within  the  areas  covered  by  such  arrangement. 

Article  VIIL 

Tliis  treaty  shall  be  ratified  by  the  President  of  the  United  States, 
by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and  by 
His  Britannic  Majesty;  and  ratifications  shall  be  exchanged  in  Wash- 
ington as  soon  as  practicable. 

In  faith  whereof  the  respective  plenipotentiaries  have  signed  this 
treaty  in  duplicate  and  have  hereunto  affixed  their  seals. 

Done  at  Washington  the  seventh  day  of  February,  in  the  year  of 
our  Lord  one  thousand  nine  hundred  and  eleven. 

Philander  C  Knox     [seal.] 
James  Bsyce  [seal.] 


60 

1911.« 

COX^TTNTTON   B1=mVT:EN   THE   UxiTED   StATES,    GrEAT   BrIT.aTN,  EuSSIA, 

AND  Japan  for  the  Preservation  and  Protection  of  Fur  Seals, 
AND  Superseding  the  Treaty  of  February  7,  1911.     [P.  52.] 

Signed  at  'Washington  July  7,  1911;  raUiication  advised  hy  the 
Senate  July  21^^  1911;  ratified  hy  the  President  NoveTnher  ^^,  1911; 
ratified  hy  Crreat  Britain  August  25,  1911;  ratified'  by  Japan 
November  6, 1911 ;  ratified  by  Russia  October  22,  November  4-,  1911; 
ratifications  exchanged  at  Washington  December  12,  1911;  fro- 
claimAd  Decerriber  IJ^  1911. 

Abticles. 


I.  Prohibition    relative    to    pelagic 

sealing. 
II.  Prohibition    relative    to    use    of 
ports. 
III.  Importation  of  far  seal  skins. 
IV.  Exemption  of  Indians. 
V.  Protection  of  sea  otters. 
VI.  Legislation   for    enforcement   of 
treaty. 
VII.  Maintenance  of  guard  or  patrol. 
VIII.  Cooperation   for  the   prevention 
of  pelagic  sealing. 
rx.  Pelagic  sealing  defined. 


X.  Distribution  of  seals  taken  by 
the  United  States. 
XI.  Payment  by  the  United  States. 
XIII.  Distribution    of   seal    skins    by 
Russia. 

XIII.  Distribution   of    seal    skins   by 

Japan. 

XIV.  Distribution    of    seal    skins    by 

Great  Britain. 
XV.  Treaty    of    February    7,    19U, 

superseded. 
XVI.  Effect;  duration. 
XVII.  Ratification. 


The  United  States  of  America,  His  Majesty  the  King  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  and  of  the  British  Do- 
minions beyond  the  Seas,  Emperor  of  India,  His  Majesty  the  Em- 
peror of  Japan,  and  His  Majesty  the  Emperor  of  all  the  Russias, 
being  desirous  of  adopting  effective  means  for  the  preservation  and 
protection  of  the  fur  seals  which  frequent  the  waters  of  the  North 
Pacific  Ocean,  have  resolved  to  conclude  a  Convention  for  the  pur- 
pose, and  to  that  end  have  named  as  their  Plenipotentiaries; 

The  President  of  the  United  States  of  America,  the  Honorable 
Charles  Nagel,  Secretary  of  Commerce  and  Labor  of  the  United 
States,  and  the  Honorable  Chandler  P.  Anderson,  Counselor  of  the 
Department  of  State  of  the  United  States; 

His  Britannic  Majesty,  the  Right  Honorable  James  Bryce,  of  the 
Order  of  Merit,  his  Ambassador  Extraordinary  and  Plenipotentiary 
at  Washington,  and  Joseph  Pope,  Esquire,  Commander  of  the  Royal 
Victorian  Order  and  Companion  of  the  Order  of  St.  Michael  and  St. 
George,  Under  Secretary  of  State  of  Canada  for  External  Affairs; 

His  Majesty  the  Emperor  of  Japan,  Baron  Yasuya  Uchida, 
Jusammi,  Grand  Cordon  of  the  Imperial  Order  of  the  Rising  Sun, 
his  Ambassador  Extraordinary  and  Plenipotentiary  at  Washington; 
and  the  Honorable  Hitoshi  Dauke,  Shoshii,  Third  Class  of  the  Im- 
perial Order  of  the  Rising  Sun,  Director  of  the  Bureau  of  Fisheries, 
Department  of  Agriculture  and  Commerce; 

His  Majesty  the  Emperor  of  all  the  Russias,  the  Honorable  Pierre 
Botkine,  Chamberlain  of  His  Majesty's  Court,  Envoy  Extraordinary 
and  Minister  Plenipotentiary  to  Morocco,  and  Baron  Boris  Nolde,  of 
the  Foreign  Office; 

•  For  act  carrying  treaty  into  effect  see  U.  S.  Stats,  vol.  37,  p.  499. 


61 

Who,  after  having  communicated  to  one  another  their  respective 
full  powers,  wliich  were  found  to  be  in  due  and  proper  form,  have 
agreed  upon  the  following  articles: 

Article  I. 

The  High  Contracting  Parties  mutually  and  reciprocally  agree  that 
their  citizens  and  subjects  respectively,  and  all  persons  subject  to 
their  laws  and  treaties,  and  their  vessels,  shall  be  prohibited,  while 
this  Convention  remains  in  force,  from  engaging  in  pelagic  sealing 
in  the  waters  of  the  North  Pacific  Ocean,  north  of  the  thirtieth  par- 
allel of  north  latitude  and  including  the  Seas  of  Bering,  Kamchatka, 
Okhotsk  and  Japan,  and  that  every  such  person  and  vessel  offending 
against  such  prohibition  may  be  seized,  except  within  the  territorial 
jurisdiction  of  one  of  the  other  Powers,  and  detained  by  the  naval 
or  other  duly  commissioned  officers  of  any  of  the  Parties  to  this  Con- 
vention, to  be  delivered  as  soon  as  practicable  to  an  authorized  official 
of  their  own  nation  at  the  nearest  point  to  the  place  of  seizure,  or 
elsewhere  as  may  be  mutually  agreed  upon ;  and  that  the  authorities 
of  the  nation  to  which  such  person  or  vessel  belongs  alone  shall  have 
jurisdiction  to  try  the  offense  and  impose  the  penalties  for  the  same; 
and  that  the  witnesses  and  proofs  necessary  to  establish  the  offense, 
so  far  as  they  are  under  the  control  of  any  of  the  Parties  to  this 
Convention,  shall  also  be  furnished  with  all  reasonable  promptitude 
to  the  proper  authorities  having  jurisdiction  to  try  the  offense. 

Article  II. 

Each  of  the  High  Contracting  Parties  further  agrees  that  no  per- 
son or  vessel  shall  be  permitted  to  use  any  of  its  ports  or  harbors  or 
any  part  of  its  territory  for  any  purposes  whatsoever  connected  with 
the  operations  of  pelagic  sealing  in  the  waters  within  the  protected 
area  mentioned  in  Article  I. 

Article  III. 

Each  of  the  High  Contracting  Parties  further  agrees  that  no  seal- 
skins taken  in  the  waters  of  the  North  Pacific  Ocean  within  the  pro- 
tected area  mentioned  in  Acticle  I,  and  no  sealskins  identified  as  the 
species  known  as  Callorhinus  alascanus^  Callorhinus  ursinus,  and 
GaLlorhinus  Imrllensis,  and  belonging  to  the  American,  Russian  or 
Japanese  herds,  except  such  as  are  taKen  under  the  authority  of  the 
respective  Powers  to  which  the  breeding  grounds  of  such  herds  be- 
long and  have  been  officially  marked  and  certified  as  having  been  so 
taken,  shall  be  permitted  to 'be  imported  or  brought  into  the  territory 
of  any  of  the  Parties  to  this  Convention. 

Article  IV. 

It  is  further  agreed  that  the  provisions  of  this  Convention  shall 
not  apply  to  Indians,  Ainos,  Aleuts,  or  other  aborigines  dwelling  on 
the  coast  of  the  waters  mentioned  in  Article  I,  who  carry  on  pelagic 
sealing  in  canoes  not  transported  by  or  used  in  connection  with  other 
vessels,  and  propelled  entirely  by  oars,  paddles,  or  sails,  and  maimed 


62 

by  not  more  than  five  persons  each,  in  the  way  hitherto  practiced 
and  without  the  use  of  firearms;  provided  that  such  aborigines  are 
not  in  the  employment  of  other  persons  or  under  contract  to  deliver 
the  skins  to  any  person. 

Article  V. 

Each  of  the  High  Contracting  Parties  agrees  that  it  will  not  permit 
its  citizens  or  subjects  or  their  vessels  to  kill,  capture  or  pursue  be- 
yond the  distance  of  three  miles  fi-om  the  shore  line  of  its  territories 
sea  otters  in  any  part  of  the  waters  mentioned  in  Article  I  of  this 
Convention. 

Article  VI. 

Each  of  the  High  Contracting  Parties  agrees  to  enact  and  enforce 
such  legislation  as  may  be  necessary  to  make  effective  the  foregoing 
provisions  with  appropriate  penalties  for  violations  thereof. 

Article  VII. 

It  is  agreed  on  the  part  of  the  United  States,  Japan,  and  Russia 
that  each  respectively  will  maintain  a  guard  or  patrol  in  the  waters 
frequented  by  the  seal  herd  in  the  protection  of  which  it  is  especially 
interested,  so  far  as  may  be  necessary  for  the  enforcement  of  the 
foregoing  provisions. 

Article  VIII. 

All  of  the  High  Contracting  Parties  agree  to  cooperate  with  each 
other  in  taking  such  measures  as  may  be  appropriate  and  available 
for  the  purpose  of  preventing  pelagic  sealing  in  the  prohibited  area 
mentioned  in  Article  I. 

Article  IX. 

The  term  pelagic  sealing  is  hereby  defined  for  the  purposes  of  this 
Convention  as  meaning  the  killing,  capturing  or  pursuing  in  any 
manner  whatsoever  of  fur  seals  at  sea. 

Article  X. 

The  United  States  agrees  that  of  the  total  number  of  sealskins 
taken  annually  under  the  authority  of  the  United  States  upon  the 
Pribilof  Islands  or  any  other  islands  or  shores  of  the  waters  men- 
tioned in  Article  I  subject  to  the  jurisdiction  of  the  United  States 
lo  which  any  seal  herds  hereafter  resort,  there  shall  be  delivered  at 
the  Pribilof  Islands  at  the  end  of  each  season  fifteen  per  cent  (15%) 
gross  in  number  and  value  thereof  to  an  authorized  agent  of  the 
Canadian  Government  and  fifteen  per  cent  (15%)  gross  in  number 
and  value  thereof  to  an  authorized  agent  of  the  Japanese  Govern- 
ment ;  provided,  however,  that  nothing  herein  contained  shall  restrict 
the  right  of  the  United  States  at  any  time  and  from  time  to  time  to 
suspend  altogether  the  taking  of  sealskins  on  such  islands  or  shores 
subject  to  its  jurisdiction,  and  to  impose  such  restrictions  and  regula- 


63 

tions  upon  the  total  number  of  skins  to  be  taken  in  any  season  and 
the  manner  and  times  and  phices  of  taking  them  as  may  seem  neces- 
sary to  protect  and  preserve  the  seal  herd  or  to  increase  its  number. 

Article  XI. 

The  United  States  further  agrees  to  pay  the  sum  of  two  hundred 
thousand  dollars  ($200,000)  to  Great  Britain  and  the  sum  of  two 
hundred  thousand  dollars  ($200,000)  to  Japan  when  this  Convention 
goes  into  effect,  as  an  advance  j)ayment  in  each  case  in  lieu  of  such 
number  of  fur-seal  skins  to  which  Great  Britain  and  Japan  respec- 
tively would  be  entitled  under  the  provisions  of  this  Convention  as 
would  be  equivalent  in  each  case  to  two  hundred  thousand  dollars 
($200,000)  reckoned  at  their  market  value  at  London  at  the  date  of 
their  delivery  before  dressing  and  curing  and  less  cost  of  transporta- 
tion from  the  Pribilof  Islands,  such  market  value  in  case  of  dispute 
to  be  determined  by  an  umpire  to  be  agreed  upon  by  the  United 
States  and  Great  Britain,  or  by  the  United  States  and  Japan,  as  the 
case  may  be,  wnich  skins  shall  be  retained  by  the  United  States  in 
satisfaction  of  such  payments. 

The  United  States  further  agrees  that  the  British  and  Japanese 
s-hare  respectively  of  the  sealskins  taken  from  the  American  herd 
under  the  terms  of  this  Convention  shall  be  not  less  than  one  thou- 
sand (1,000)  each  in  any  year  even  if  such  number  is  more  than 
fifteen  per  cent  (15%)  of  the  number  to  which  the  authorized  killing 
is  restricted  in  such  year,  unless  the  killing  of  seals  in  such  year  or 
years  shall  have  been  absolutely  prohibited  by  the  United  States  for 
all  purposes  except  to  supply  food,  clothing,  and  boat  skins  for  the 
natives  on  the  islands,  in  which  case  the  United  States  agrees  to  pay 
to  Great  Britain  and  to  Japan  each  the  sum  of  ten  thousand  dollars 
($10,000)  annually  in  lieu  of  any  share  of  skins  during  the  years 
when  no  killing  is  allowed;  and  Great  Britain  agrees,  and  Japan 
agrees,  that  after  deducting  the  skins  of  their  respective  shares,  which 
are  to  be  retained  by  the  United  States  as  above  provided  to  reim- 
burse itself  for  the  advance  payment  aforesaid,  the  United  States 
shall  be  entitled  to  reimburse  itself  for  any  annual  payments  made 
as  herein  required,  by  retaining  an  additional  number  of  sealskins 
from  the  British  and  Japanese  shares  respectively  over  and  above 
the  specified  minimum  allowance  of  one  thousand  (1,000)  skins  in  any 
subsequent  year  or  j^ears  when  killing  is  again  resumed,  until  the 
whole  number  of  skins  retained  shall  equal,  reckoned  at  their  market 
value  determined  as  above  provided  for,  the  entire  amount  so  paid, 
with  interest  at  the  rate  of  four  per  cent  (4%)  per  annum. 

If,  however,  the  total  number  of  seals  frequenting  the  United  States 
islands  in  any  year  falls  below  one  hundred  thousand  (100,000), 
enumerated  by  official  count,  then  all  killing,  excepting  the  incon- 
siderable supply  necessary  for  the  support  of  the  natives  as  above 
noted,  may  be  suspended  without  allowance  of  skins  or  payment  of 
money  equivalent  until  the  number  of  such  seals  again  exceeds  one 
hundred  thousand  (100,000),  enumerated  in  like  manner. 

Article  XII. 

It  is  agreed  on  the  part  of  Russia  that  of  the  total  number  of  seal- 
skins taken  annually  upon  the  Commander  Islands,  or  any  other 


64 

island  or  shores  of  the  waters  defined  in  Article  I  subject  to  the  juris- 
diction of  Russia  to  which  any  seal  herds  hereafter  resort,  there  shall 
be  delivered  at  the  Commander  Islands  at  the  end  of  each  season 
fifteen  per  cent  (15%)  gross  in  number  and  value  thereof  to  an 
authorized  agent  of  the  Canadian  Government,  and  fifteen  per  cent 
(15%)  gross  in  number  and  value  thereof  to  an  authorized  agent  of 
the  Japanese  Government;  provided,  however,  that  nothing  herein 
contained  shall  restrict  the  right  of  Russia  at  any  time  and  from  time 
to  time  during  the  first  five  years  of  the  term  of  this  Convention  to 
suspend  altogether  the  taking  of  sealskins  on  such  islands  or  shores 
subject  to  its  jurisdiction,  and  to  impose  during  the  term  of  this 
Convention  such  restrictions  and  regulations  upon  the  total  number 
of  skins  to  be  taken  in  any  season,  and  the  manner  and  times  and 
places  of  taking  them  as  may  seem  necessary  to  preserve  and  protect 
the  Russian  seal  herd,  or  to  increase  its  number;  but  it  is  agreed, 
nevertheless,  on  the  part  of  Russia  that  during  the  last  ten  years 
of  the  term  of  this  Convention  not  less  than  five  per  cent  (5%)  of 
the  total  number  of  seals  on  the  Russian  rookeries  and  hauling 
grounds  will  be  killed  annually,  provided  that  said  five  per  cent  (5%) 
does  not  exceed  eighty-five  per  cent  (85%)  of  the  three-year-old  male 
seals  hauling  in  such  year. 

If,  however,  the  total  number  of  seals  frequenting  the  Russian 
islands  in  any  year  falls  below  eighteen  thousand  (18,000)  enumer- 
ated by  official  count,  then  the  allowance  of  skins  mentioned  above 
and  all  killing  of  seals  except  such  as  may  be  necessary  for  the  sup- 
port of  the  natives  on  the  islands  may  be  suspended  until  the  number 
of  such  seals  again  exceeds  eighteen  thousand  (18,000)  enumerated  in 

like  manner.  

Aettcue  Xlll. 

It  is  agreed  on  the  part  of  Japan  that  of  the  total  number  of  seal- 
skins taken  annually  upon  Robben  Island,  or  any  other  islands  or 
shores  of  the  waters  defined  in  Article  I  subject  to  the  jurisdiction 
of  Japan  to  which  any  seal  herd  hereafter  resort,  there  shall  be  de- 
livered at  Robben  Island  at  the  end  of  each  season  ten  per  cent  (10%) 
gross  in  number  and  value  thereof  to  an  authorized  agent  of  the 
United  States  Government,  ten  per  cent  (10%)  gross  in  number  and 
value  thereof  to  an  authorized  agent  of  the  Canadian  Government, 
and  ten  per  cent  (10%)  gross  in  number  and  value  thereof  to  an  au- 
thorized agent  of  the  Russian  Government;  provided,  however,  that 
nothing  herein  contained  shall  restrict  the  right  of  Japan  at  any 
time  and  from  time  to  time  during  the  first  five  years  of  the  term 
of  this  Convention  to  suspend  altogether  the  taking  of  sealskins  on 
such  islands  or  shores  subject  to  its  jurisdiction,  and  to  impose  during 
the  term  of  this  Convention  such  restrictions  and  regulations  upon 
the  total  number  of  skins  to  be  taken  in  any  season,  and  the  manner 
and  times  and  places  of  taking  them  as  may  seem  necessary  to  presf»rve 
and  protect  the  Japanese  herd,  or  to  increase  its  number;  but  u  is 
agreed,  nevertheless,  on  the  part  of  Japan  that  during  the  last  ten 
years  of  the  term  of  this  Convention  not  less  than  five  per  cent  (5%) 
of  the  total  number  of  seals  on  the  Japanese  rookeries  and  hauling 

f rounds  will  be  killed  annually,  provided  that  said  five  per  cent 
5%)  does  not  exceed  eighty-five  per  cent  (85%)  of  the  three-year- 
old  male  seals  hauling  in  such  year. 


65 

If,  however,  the  total  number  of  seals  frequenting  the  Japanese 
islands  in  any  year  falls  below  six  thousand  five  hundred  (G,500) 
enumerated  by  official  count,  then  the  allowance  of  skins  mentioned 
above  and  all  killing  of  seals  except  such  as  may  be  necessary  for 
the  support  of  the  natives  on  the  islands  may  be  suspended  until 
the  number  of  such  seals  again  exceeds  six  thousand  five  hundred 
(6,500)  enumerated  in  like  manner. 

Article  XIV. 

It  is  agreed  on  the  part  of  Great  Britain  that  in  case  any  seal  herd 
hereafter  resorts  to  any  islands  or  shores  of  the  waters  defined  in 
Article  I  subject  to  the  jurisdiction  of  Great  Britain,  there  shall  be 
delivered  at  the  end  of  each  season  during  the  term  of  this  Conven- 
tion ten  per  cent  (10%)  gross  in  number  and  value  of  the  total  num- 
ber of  sealskins  annually  taken  from  such  herd  to  an  authorized 
agent  of  the  United  States  Government,  ten  per  cent  (10%)  gross  in 
number  and  value  of  the  total  number  of  sealskins  annually  taken 
from  such  herd  to  an  authorized  agent  of  the  Japanese  Government, 
and  ten  per  cent  (10%)  gross  in  number  and  value  of  the  total  num- 
ber of  sealskins  annually  taken  from  such  herd  to  an  authorized  agent 
of  the  Russian  Government. 

Article  XV." 

It  is  further  agreed  between  the  United  States  and  Great  Britain 
that  the  provisions  of  this  Convention  shall  supersede,  in  so  far  as 
they  are  inconsistent  therewith  or  in  duplication  thereof,  the  pro- 
visions of  the  treaty  relating  to  the  fur  seals,  entered  into  between 
the  United  States  and  Great  Britain  on  the  Tth  day  of  February, 
1911. 

Article  XVI. 

This  Convention  shall  go  into  efl'ect  upon  the  15th  day  of  Decem- 
ber, 1911,  and  shall  continue  in  force  for  a  period  of  fifteen  (15) 
years- from  that  date,  and  thereafter  until  terminated  by  tAvclve  (12) 
months'  written  notice  given  by  one  or  more  of  the  Parties  to  all  of 
the  others,  which  notice  may  be  given  at  the  expiration  of  fourteen 
years  or  at  any  time  afterw^ards,  and  it  is  agreed  that  at  any  time 
iprior  to  the  termination  of  this  Convention,  upon  the  request  of  any 
one  of  the  High  Contracting  Parties,  a  conference  shall  be  held 
forthwith  between  representatives  of  all  the  Parties  hereto,  to  con- 
sider and  if  possible  agree  upon  a  further  extension  of  this  Conven- 
tion with  such  additions  and  modifications,  if  any,  as  may  be  found 
desirable. 

Article  XVIT. 

This  Convention  shall  be  ratified  by  the  President  of  the  United 
Slates,  by  and  with  the  advice  and  consent  of  the  Senate  thereof,  by 
llis  Britannic  Majesty,  by  His  Majesty  the  Emperor  of  Japan,  and 
by  His  Majesty  the  Emperor  of  all  the  Russias;_  and  ratifications 
shall  be  exchanged  at  Washington  as  soon  as  practicable. 


''See  page  56. 
76844°— S.  Doc.  1063,  62-3 5 


66 

In  faith  whereof,  the  respective  Plenipotentiaries  have  si<^ed  this 
Convention  in  quadruplicate  and  have  hereunto  affixed  their  seals. 

Done  at  Washincrton  the  7th  day  of  July,  in  the  year  one  thousand 
nine  hundred  and  eleven. 

CHARIiES    NaGEL  [seal] 

Chandler  P.  Anderson     [seal] 

James  Bryce  [seal] 

Joseph  Pope  [seal] 

Y.  UcnroA  [seal] 

H.  Dauke  [seal] 

P.    BOTKINE  [seal] 

Nolde  [seal] 


1912. 


Agreeijient  With  Great  Britain  Adopting,  With  Certain  Modi- 
fications, THE  Rules  and  Method  or  Procedure  Recommended 
IN  THE  Award  of  September  7,  1910,  of  the  North  Atlantic 
Coast  Fisheries  Arbitration, 

Signed  at  Washington  July  ^0,  1912,'  ratification  advised  hy  the 
Senate  August  i,  1912;  ratified  hy  the  President  August  7,  1912; 
rdtifed  hy  Great  Britain  August  19,  1912;  ratifications  exchanged 
at  Washington  November  15^  1912;  proclaimed  Novemher  16^  1912. 

Articles. 


I.  Rules  and  method  of  proceclnre. 
ir.  Award  of  The  Hague  Arbitration 
Tribunal. 


III. 
IV. 


Delimitation  of  the  bays  on  coast 

of  Newfoundland. 
Ratification. 


By  the  President  of  the  United  States  of  America. 


A  PROCLAMATION. 

Whereas  an  Agreement  between  the  United  States  of  America 
and  Great  Britain,  adoptini^  with  certain  modifications  therein,  the 
rules  and  method  of  procedure  recommended  in  the  award  of  The 
Hague  tribunal  of  September  7,  1910,  for  the  settlement  hereafter, 
in  accordance  with  the  principles  laid  down  in  the  aAvard,  of  ques- 
tions regarding  the  exercise  of  the  fishing  liberties  referred  to  in 
Article  I  of  the  treaty  of  October  20,  1818,  between  the  United 
States  and  Great  Britain,  was  concluded  and  signed  by  their  respec- 
tive Plenipotentiaries  at  Washington  on  the  twentieth  day  of  July, 
one  thousand  nine  hundred  and  twelve,  the  original  of  which  Agree- 
ment is  word  for  word  as  follows: 

The  United  States  of  America  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  and  of  the  British 
Dominions  beyond  the  Seas,  Emperor  of  India,  being  desirous  of 
concluding  an  agreement  regarding  the  exercise  of  the  liberties 
referred  to  in  Article  I  of  the  Treaty  of  October  20,  1818,  have  for 
this  purpose  named  as  their  Plenipotentiaries: 


67 

The  President  of  the  United  States  of  America:  Chandler  P. 
Anderson,  Counselor  for  the  Department  of  State  of  the  United 
States; 

His  Britannic  Majesty:  Alfred  Mitchell  Innes,  Charge  d'Afl'aires 
of  His  Majesty's  Embassy  at  Washino;ton; 

Who,  having  communicated  to  each  other  their  respective  full 
powers,  which  were  found  to  be  in  due  and  proper  form,  have  agreed 
to  and  concluded  the  following  articles: 

Article  I. 

Whereas  the  award  of  the  Hague  Tribunal  of  September  7,  1910, 
recommended  for  the  consideration  of  the  Parties  certain  rules  and 
a  method  of  procedure  under  which  all  questions  which  may  arise 
in  the  future  regarding  the  exercise  of  the  liberties  referred  to  in 
Article  I  of  the  Treaty  of  October  20,  1818,  may  be  determined  in 
accordance  with  the  principles  laid  clown  in  the  award,  and  the 
Parties  having  agreed  to  make  certain  modifications  therein,  the 
rules  and  method  of  procedure  so  modified  are  hereby  accepted  by 
the  Parties  in  the  following  form: 

1.  All  future  municipal  laws,  ordinances,  or  rules  for  the  regulation 
of  the  fisheries  by  Great  Britain,  Canada,  or  Newfoundland  in  respect 
of  (1)  the  hours,  days,  or  seasons  when  fish  may  be  taken  on  the 
treaty  coasts;  (2)  the  method,  means,  and  implements  used  in  the 
taking  of  fish  or  in  carrying  on  fishing  operations;  (3)  any  other 
regulations  of  a  similar  character;  and  all  alterations  or  amend- 
ments of  such  laws,  ordinances,  or  rules  shall  be  promulgated  and 
como  into  operation  within  the  first  fifteen  days  of  November  in 
each  year;  provided,  however,  in  so  far  as  any  such  law,  ordinance, 
or  rule  shall  apply  to  a  fishery  conducted  between  the  1st  day  of 
November  and  the  1st  day  of  February,  the  same  shall  be  promul- 
gated at  least  six  months  before  the  1st  day  of  November  in  each  year. 

Such  laws,  ordinances,  or  rules  by  Great  Britain  shall  be  pro- 
mulgated by  publication  in  the  London  Gazette,  by  Canada  in  the 
Canada  Gazette,  and  by  Newfoundland  in  the  Newfoundland  Gazette. 

After  the  expiration  of  ten  years  from  the  date  of  this  Agreement, 
and  so  on  at  intervals  of  ten  years  thereafter,  either  Party  may  pro- 
pose to  the  other  that  the  dates  fixed  for  promulgation  be  revised 
in  consequence  of  the  varying  conditions  due  to  changes  in  the  habits 
of  the  fish  or  other  natural  causes;  and  if  there  shall  be  a  difference 
of  opinion  as  to  whether  the  conditions  have  so  varied  as  to  render 
a  revision  desirable,  such  difference  shall  be  referred  for  decision  to 
a  commission  possessing  expert  knowledge,  such  as  the  Permanent 
Mixed  Fishery  Commission  hereinafter  mentioned. 

2.  If  the  Government  of  the  United  States  considers  any  such  laws 
or  regulations  inconsistent  with  the  Treaty  of  1818,  it  is  entitled  so 
to  notify  the  Government  of  Great  Britain  within  forty-five  days 
after  the  publication  above  referred  to.  and  may  require  that  the 
same  be  submitted  to  and  their  reasonableness,  within  the  meaning 
of  the  award,  be  determined  by  the  Permanent  Mixed  Fishery  Com- 
mission constituted  as  hereinafter  provided. 

3.  Any  law  or  regulation  not  so  notified  within  the  said  period  of 
forty-five  days,  or  which,  having  been  so  notified,  has  been  declared 
reasonable  and  consistent  with  the  Treaty  of  1818  (as  interpreted  by 


68 

the  said  award)  by  the  Permanent  Mixed  Fishery  Commission,  shall 
be  held  to  be  reasonable  within  the  meaning  of  the  award;  but  if 
declared  by  the  said  Commission  to  be  unreasonable  and  inconsistent 
with  the  Treaty  of  1818,  it  shall  not  be  applicable  to  the  inhabitants 
(/f  the  United*  States  exercising  their  fishing  liberties  under  the 
Treaty  of  1818. 

4.  Permanent  Mixed  Fishery  Commissions  for  Canada  and  New- 
foundland, respectively,  shall  be  established  for  the  decision  of  such 
questions  as  to  the  reasonableness  of  future  regulations,  as  contem- 
plated by  Article  IV  of  the  Special  Agreement  of  January  27,  1909. 
Those  Commissions  shall  consist  of  an  expert  national,  appointed  by 
each  Party  for  five  years:  the  third  member  shall  not  be  a  national 
of  either  Party.  He  shall  be  nominated  for  five  years  by  agreement 
of  the  Parties,  or,  failing  such  agreement,  within  two  months  from 
the  date,  when  either  of  the  Parties  to  this  Agreement  shall  call  upon 
the  other  to  agree  upon  such  third  member,  he  shall  be  nominated 
by  Her  Majesty  the  Queen  of  the  Netherlands. 

5.  The  two  national  members  shall  be  summoned  by  the  Govern- 
ment of  Great  Britain,  and  shall  convene  within  thirty  days  from 
the  date  of  notification  by  the  Government  of  the  United  States. 
Tliese  two  members  having  failed  to  agree  on  any  or  all  of  the  ques- 
tions submitted  within  thirty  days  after  they  have  convened,  or 
having  before  the  expiration  of  t4iat  period  notified  the  Government 
of  Great  Britain  that  they  are  unable  to  agree,  the  full  Commission, 
under  the  presidency  of  the  Umpire,  is  to  be  summoned  by  the  Gov- 
ernment of  Great  Britain,  and  shall  convene  within  thirty  da^'S  there- 
after to  decide  all  questions  upon  which  the  two  national  members 
had  disagreed.  The  Commission  must  deliver  its  decision,  if  the 
two  Governments  do  not  agree  otherwise,  within  forty-five  days 
after  it  has  convened.  The  Umpire  shall  conduct  the  procedure  in 
accordance  with  that  provided  in  Chapter  IV  of  the  Convention  for 
the  Pacific  Settlement  of  International  Disputes,  of  October  18,  1907, 
except  in  so  far  as  herein  otherwise  provided. 

G.  The  form  of  convocation  of  the  Commission,  including  the  terms 
of  reference  of  the  question  at  issue,  shall  be  as  follows: 

"The  provision  hereinafter  fully  set  forth  of  an  act  dated , 

published  in  the Gazette,  has  been  notified  to  the  Govern- 
ment of  Great  Britain  by  the  Government  of  the  United  States  under 

date  of ,  as  provided  by  the  agreement  entered  into  on  July 

20,  1912,  pursuant  to  the  award  of  the  Hague  Tribunal  of  September 
7.  1910. 

"  Pursuant  to  the  provisions  of  that  Agreement  the  Government  of 
Great  Britain  hereby  summons  the  Permanent  Mixed  Fishery  Com- 
mission for 

/XT      i!    '    I'l      i\  composed  of Commissioner  for  the  United 

(Newfoimdland)  ^ 

States  of  America,  and  of Commissioner  for  /^t      f       j\      i\ 

'  (JNcwtoundland) 

who  shall  meet  at  Halifax,  Nova  Scotia,  with  power  to  hold  subse- 
quent meetings  at  such  other  place  or  places  as  they  may  determine, 
and  Pender  a  decision  within  thirty  days  as  to  whether  the  provision 
sf)  notified  is  reasonable  and  consistent  with  the  Treaty  of  1818,  as 
interpreted  by  the  award  of  the  Hague  Tribunal  of  September  7, 


69 

1910,  and  if  not,  in  what  respect  it  is  unreasonable  and  inconsistent 
therewith. 

"  Failing  an  agreement  on  this  question  within  thirty  days,  the 
Commission  shall  so  notify  the  Government  of  Great  Britain  in  order 
that  the  further  action  required  by  that  award  shall  be  taken  for  the 
decision  of  the  above  question. 

"The  provision  is  as  follows " 

7.  The  unanimous  decision  of  the  two  national  Commissioners,  or 
the  majority  decision  of  the  Umpire  and  one  Commissioner,  shall  be 
final  and  binding. 

8.  Any  difference  in  regard  to  the  regulations  specified  in  Protocol 
XXX  of  the  arbitration  proceedings,  which  shall  not  have  been  dis- 
posed of  by  diplomatic  methods,  shall  be  referred  not  to  the  Com- 
mission of  expert  specialists  mentioned  in  the  award  but  to  the 
Permanent  Mixed  Fishery  Commissions,  to  be  constituted  as  herein- 
before provided,  in  the  same  manner  as  a  difl'erence  in  regard  to 
future  regulations  would  be  so  referred. 

Article  II. 

And  whereas  the  Tribunal  of  Arbitration  in  its  award  decided 
that — 

"  In  case  of  bays  the  3  marine  miles  are  to  be  measured  from  a 
straight  line  drawn  across  the  body  of  water  at  the  place  where  it 
ceases  to  have  the  configuration  and  characteristics  of  a  bay.  At  all 
other  places  the  3  marine  miles  are  to  be  measured  following  the 
sinuosities  of  the  coast." 

And  w^hereas  the  Tribunal  made  certain  recommendations  for  the 
determination  of  the  limits  of  the  bays  enumerated  in  the  award ; 

Now,  therefore,  it  is  agreed  that  the  recommendations,  in  so  far  as 
the  same  relate  to  bays  contiguous  to  the  territorj^  of  the  Dominion 
of  Canada,  to  which  Question  V  of  the  Special  Agi-eement  is  applica- 
ble, are  hereby  adopted,  to  wit: 

"  In  every  bay  not  hereinafter  specifically  provided  for,  the  limits 
of  exclusion  shall  be  drawn  three  miles  seaward  from  a  straight  line 
across  the  bay  in  the  part  nearest  the  entrance  at  the  first  point 
■where  the  width  does  not  exceed  ten  miles. 

"  For  the  Baie  des  Chaleurs  the  limits  of  exclusion  shall  be  drawn 
from  the  line  from  the  Light  at  Birch  Point  on  Miscou  Island  to 
Macquereau  Point  Light;  for  the  bay  of  Miramichi,  the  line  from 
the  Light  at  Point  Escuminac  to  the  Light  on  the  eastern  point  of 
Tabisintac  Gully;  for  Egmont  Bay,  in  Prince  Edward  Island,  the 
line  from  the  Light  at  Cape  Egmont  to  the  Light  at  West  Point; 
and  off  St.  Ann's  Bay,  in  the  Province  of  Nova  Scotia,  the  line  from 
the  Light  at  Point  Anconi  to  the  nearest  point  on  the  opposite  shore 
of  the  mainland. 

"  For  or  near  the  following  bays  the  limits  of  exclusion  shall  be 
three  marine  miles  seawards  from  the  following  lines,  namely : 

"  For  or  near  Barrington  Bay,  in  Nova  Scotia,  the  line  from  the 
Light  on  Stoddard  Island  to  the  Light  on  the  south  point  of  Cape 
Sable,  thence  to  the  Light  at  Baccaro  Point;  at  Chedabucto  and  St. 
Peter's  Bays,  the  line  from  Cranbeny  Island  Light  to  Green  Island 
Light,  thence  to  Point  Rouge;  for  Mira  Bay,  tlie  line  from  the  Light 


70 

on  the  east  point  of  Scatary  Island  to  the  northeasterly  point  of  Cape 
Morien. 

•■  Long  Island  and  Bryer  Island,  on  St.  Mary's  Bay,  in  Nova 
Scotia,  shall,  for  the  purpose  of  delimitation,  be  taken  as  the  coasts 
of  such  bays." 

It  is  understood  that  the  award  does  not  cover  Hudson  Bav. 

Article  III. 

It  is  further  agreed  that  the  delimitation  of  all  or  any  of  the  bays 
on  the  coast  of  Newfoundland,  whether  mentioned  in  the  recom- 
inendations  or  not,  does  not  require  consideration  at  present. 

Article  IV. 

The  present  Agreement  shall  be  ratified  by  the  Pres-ident  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  by  His  Britannic  Majesty,  and  the  ratifications  shall  be 
exchanged  in  Washington  as  soon  as  practicable. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  this 
Agreement  in  duplicate  and  have  hereunto  affixed  their  seals. 

Done  at  Washington  on  the  20th  day  of  July,  one  thousand  nine 
hundred  and  twelve. 

Chandler  P.  Anderson      [seal.] 
Alfred  Mitchell  Innes     [seal.] 


HOXDUKAS. 

1909. 


EXTRADITION    CONVENTION, 


Signed  at  Washington  January  15,  1000:  ratification  advised  hy  tlie 
Senate  January  20,  1000;  ratified  l>y  the  President  March  1,  1000; 
ratified  hy  Honduras  May  20,  1012;  ratifications,  exchanged  at 
Washington  July  10,  1012;  proclaimed  July  10^  1012. 


Articles. 


I.  Delivery  of  accused. 
II.  Extraditable  offenses. 

Political  offenses. 

Offense  for  which  to  be  tried. 
V,  Limitations. 
VI.  Deferring  extradition. 

Claimed  by  other  countries. 

Nondelivery  of  citizens. 


III. 
IV. 


VII 
VIII 


IX.  Expenses. 
X.  Property    in    possession    of    ac- 
cused. 
XI.  Procedure. 
XII.  Provisional  detention. 

XIII.  Assistance  of  legal  officers. 

XIV.  Effect;      termination;     ratifica- 

tion. 


The  United  States  of  America  and  the  Eepublic  of  Honduras, 
being  desirous  to  confirm  their  friendly  relations  and  to  promote 
tlie  cause  of  justice,  have  resolved  to  conclude  a  treaty  for  the  extra- 
dition of  fugitives  from  justice  between  the  United  States  of  America 
and  the  Eepublic  of  Honduras,  and  have  appointed  for  that  purpose 
the  following  Plenipotentiaries: 

The  President  of  the  United  States  of  America,  Elihu  Root,  Secre- 
tary of  State  of  the  United  States ;  and 

The  President  of  the  Republic  of  Honduras,  Doctor  Luis  Lazo  A., 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  Honduras  to 
the  United  States ; 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  articles: 

Ajrticle  I. 

It  is  agreed  that  the  Government  of  the  United  States  and  the 
Government  of  Honduras  shall,  upon  mutual  requisition  duly  made 
as  herein  provided,  deliver  up  to  justice  any  person  who  may  be 
charged  with  or  may  have  been  convicted  of  any  of  the  crimes  spe- 
cified in  Article  II  of  this  Convention  committed  within  the  jurisdic- 
tion of  one  of  the  Contracting  Parties  while  said  person  was  actually 
within  such  jurisdiction  when  the  crime  was  committed,  and  who 
shall  seek  an  asylum  or  shall  be  found  within  the  territories  of  the 
other,  provided  that  such  surrender  shall  take  place  only  upon  such 

(71) 


72 

evidence  of  criminality  as,  accordinf^  to  the  laws  of  the  place  where 
the  fiiirilive  or  person  so  charged  shall  be  found,  would  justify  his 
apprehension  and  commitment  for  trial  if  the  crime  or  oU'ense  had 
been  there  committed. 

Articm:  II. 

Persons  shall  be  delivered  up  according  to  the  provisions  of  this 
Convention,  who  shall  have  been  charged  with  or  convicted  of  any  of 
the  following  crimes: 

1.  Murder,  comprehending  the  crimes  designated  by  the  terms  of 
parricide,  assassination,  manslaughter,  when  voluntary;  poisoning 
or  infanticide. 

2.  The  attejnpt  to  commit  murder. 

3.  Rape,  abortion,  carnal  knowledge  of  children  under  the  age  of 
twelve  years. 

4.  Bigamy. 

5.  Arson. 

6.  Willful  and  unlawful  destruction  or  obstruction  of  railroads, 
which  endangers  human  life. 

7.  Crimes  committed  at  sea: 

(a)  Piracj'^,  as  commonly  known  and  defined  by  the  law  of  nations, 
or  by  statute; 

(b)  Wrongfully  sinking  or  destroying  a  vessel  at  sea  or  attempting 
to  do  so; 

(c)  Mutiny  or  conspiracy  by  two  or  more  members  of  the  crew  or 
other  persons  on  board  of  a  vessel  on  the  high  seas,  for  the  purpose 
of  rebelling  against  the  authority  of  the  captain  or  commander  of 
such  vessel,  or  by  fraud  or  violence  taking  possession  of  such  vessel ; 

(d)  Assault  on  board  ships  upon  the  high  seas  with  intent  to  do 
bodily  harm. 

8.  Burglary,  defined  to  be  the  act  of  breaking  into  and  entering  the 
house  of  another  in  the  nighttime  with  intent  to  commit  a  felony 
therein. 

9.  The  act  of  breaking  into  and  entering  into  the  offices  of  the  Gov- 
ernment and  public  authorities,  or  the  offices  of  banks,  banking 
houses,  saving  banks,  trust  companies,  insurance  companies,  or  other 
buildings  not  dwellings  with  intent  to  commit  a  felony  therein. 

10.  Robbery,  defined  to  be  the  act  of  feloniously  and  forcibly  taking 
from  the  person  of  another,  goods  or  money  by  violence  or  by  putting 
him  in  fear. 

11.  Forgery  or  the  utterance  of  forged  papers. 

12.  The  forgery  or  falsification  of  (he  oliicial  acts  of  the  Govern- 
ment or  public  authorit}^,  including  courts  of  justice,  or  the  uttering 
or  fraudulent  use  of  the  same. 

13.  The  fabrication  of  counterfeit  money,  whether  coin  or  paper, 
counterfeit  titles  or  coupons  of  public  debt,  created  by  national,  state, 
provincial,  territorial,  local,  or  municipal  governments,  banknotes  or 
other  instruments  of  public  credit,  counterfeit  seals,  stamps,  dies, 
and  marks  of  state  or  public  administrations,  and  the  utterance,  cir- 
culation, or  fraudulent  use  of  the  above  mentioned  objects. 

14.  Embezzlement  or  criminal  malversation  committed  within  the 
Jurisdiction  of  one  or  the  other  party  by  public  officers  or  deposi- 
taries, where  the  amount  embezzled  exceeds  two  hundred  dollars  (or 
Honduran  equivalent). 


73 

15.  Embezzlement  by  any  person  or  persons  hired,  salaried,  or 
employed,  to  the  detriment  of  their  omi-)loyers  or  principals,  when 
the  crime  or  offense  is  punishable  by  imprisonment  or  other  corporal 
punishment  by  the  laws  of  both  countries,  and  where  the  amount 
embezzled  exceeds  two  hundred  dollars  (or  Honduran  equivalent). 

16.  Kidnappinf^  of  minors  or  adults,  defined  to  be  the  abduction 
or  detention  of  a  person  or  persons,  in  order  to  exact  money  from 
them  or  their  families,  or  for  any  other  unlawful  end. 

17.  Larceny,  defined  to  be  the  theft  of  effects,  personal  property, 
or  money,  of  the  value  of  twenty-five  dollars  or  more. 

18.  Obtainino-  money,  valuable  securities  or  other  property  by 
false  pretenses  or  receiving  any  money,  valuable  securities  or  other 
property  knowing  the  same  to  have  been  unlawfully  obtained,  where 
the  amount  of  money  or  the  value  of  the  property  so  obtained  or 
received  exceeds  two  hundred  dollars  (or  Honduran  equivalent). 

19.  Perjury  or  subornation  of  perjury. 

20.  Fraud  or  breach  of  trust  by  a  bailee,  banker,  agent,  factor, 
trustee,  executor,  administrator,  guardian,  director,  or  officer  of  any 
company  or  corporation,  or  by  any  one  in  any  fiduciary  position, 
where  the  amount  of  money  or  the  value  of  the  property  misappro- 
priated exceeds  two  hundred  dollars  (or  Honduran  equivalent). 

21.  The  extradition  is  also  to  take  place  for  participation  in  any 
of  the  aforesaid  crimes  as  an  accessory  before  or  after  the  fact,  pro- 
vided such  participation  be  punishable  by  imprisonment  by  the  laws 
of  both  Contracting  Parties. 

Article  III. 

The  provisions  of  this  Convention  shall  not  import  claim  of  ex- 
tradition for  any  crime  or  offense  of  a  political  character,  nor  for 
acts  connected  with  such  crimes  or  offenses;  and  no  person  sur- 
rendered by  or  to  either  of  the  Contracting  Parties  in  virtue  of  this 
Convention  sliall  be  tried  or  punished  for  a  political  crime  or  offense. 
When  the  offense  charged  comprises  the  act  either  of  murder  or 
assassination  or  of  poisoning,  either  consummated  or  attempted,  the 
fact  that  the  offense  was  committed  or  attempted  against  the  life  of 
the  sovereign  or  head  of  a  foreign  state  or  against  the  life  of  any 
member  of  his  family,  shall  not  be  deemed  sufficient  to  sustain  that 
such  a  crime  or  offense  was  of  a  political  character,  or  was  an  act 
connected  with  crimes  or  offenses  of  a  political  character. 

Article  IV. 

No  person  shall  be  tried  for  any  crime  or  offense  other  than  that 
for  which  he  was  surrendered. 

Article  V. 

A  fugitive  criminal  shall  not  be  surrendered  under  the  provisions 
hereof,  when,  from  lapse  of  time  or  other  lawful  cause,  according 
to  the  laws  of  the  place  within  the  jurisdiction  of  which  the  crime 
was  committed,  the  criminal  is  exempt  from  prosecution  or  punish- 
ment for  the  offense  for  which  the  surrender  is  asked. 


74 

Article  VI. 

Tf  a  fu<ritivc  criminal  whose  surrender  may  be  claimed  pursuant  to 
the  stipulations  hereof,  be  actually  under  prosecution  out  on  bail  or  in 
custody,  for  a  crime  or  offense  committed  in  the  country  where  he  has 
sought  asylum,  or  shall  have  been  convicted  thereof,  his  extradition 
may  be  deferred  until  such  proceedings  be  determined,  and  until  he 
shall  have  been  set  at  liberty  in  due  course  of  law. 

Article  VIL 

If  a  fugitive  criminal  claimed  by  one  of  the  parties  hereto  shall  be 
also  claimed  by  one  or  more  powers  pursuant  to  treaty  provisions,  on 
account  of  crimes  committed  within  their  jurisdiction,  such  criminal 
shall  be  delivered  to  that  state  whose  demand  is  first  received. 

Article  VIII, 

Under  the  stipulations  of  this  Convention,  neither  of  the  Contract- 
ing Parties  shall  be  bound  to  deliver  up  its  own  citizens. 

Article  IX. 

The  expense  of  the  arrest,  detention,  examination,  and  transporta- 
tion of  the  accused  shall  be  paid  by  the  Government  which  has  pre- 
ferred the  demand  for  extradition. 

Article  X. 

Everything  found  in  the  possession  of  the  fugitive  criminal  at  the 
time  of  his  arrest,  whether  being  the  proceeds  of  the  crime  or  offense, 
or  which  may  be  material  as  evidence  in  making  proof  of  the  crime, 
shall,  so  far  as  practicable,  according  to  the  laws  of  either  of  the  Con- 
tracting Parties,  be  delivered  up  with  his  person  at  the  time  of  the 
surrender.  Nevertheless,  the  rights  of  a  third  party  with  regard  to 
the  articles  aforesaid  shall  be  duly  respected. 

Article  XI. 

The  stipulations  of  this  Convention  shall  be  applicable  to  all  terri- 
tory wherever  situated,  belonging  to  either  of  the  Conti-acting  Parties 
or  in  the  occupancy  and  under  the  control  of  either  of  them,  during 
such  occupancy  or  control. 

Requisitions  for  the  surrender  of  fugitives  from  justice  shall  be 
made  by  the  respective  diplomatic  agents  of  the  Contracting  Parties. 
In  the  event  of  the  absence  of  such  agents  from  the  country  or  its  seat 
of  government,  or  where  extradition  is  sought  from  territory  included 
in  the  preceding  paragraph  other  than  the  United  States,  requisition 
may  be  made  by  superior  consular  officers. 

It  shall  be  competent  for  such  diplomatic  or  superior  consular 
officers  to  ask  and  obtain  a  mandate  or  preliminary  warrant  of  arrest 
for  the  person  whose  surrender  is  sought,  whereupon  the  judges  and 
magistrates  of  the  two  Governments  shall  respectively  have  power 
and  authority,  upon  complaint  made  under  oath,  to  issue  a  warrant 


75 

for  the  apprehension  of  the  person  charged,  in  order  that  he  or 
she  may  be  brought  before  such  judge  or  magistrate,  that  the  evidence 
of  criminality  may  be  heard  and  considered ;  and  if,  on  such  hearing, 
the  evidence  be  deemed  sufficient  to  sustain  the  charge,  it  shall  be  the 
duty  of  the  examining  judge  or  magistrate  to  certify  the  same  to  the 
proper  executive  authority,  that  a  warrant  may  issue  for  the  surrender 
of  the  fugitive. 

If  the  fugitive  criminal  shall  have  been  convicted  of  the  crime  for 
which  his  surrender  is  asked,  a  copy  of  the  sentence  of  the  court  be- 
fore which  such  conviction  took  place,  duly  authenticated,  shall 
be  produced.  If,  however,  the  fugitive  is  merely  charged  with 
crime,  a  duly  authenticated  copy  of  the  warrant  of  arrest  in  the 
country  where  the  crime  was  committed,  and  of  the  depositions  upon 
which  such  warrant  may  have  been  issued,  shall  be  produced,  with 
such  other  evidence  or  proof  as  may  be  deemed  competent  in  the  case. 

Abticle  XII. 

If  when  a  person  accused  shall  have  been  arrested  in  virtue  of  the 
mandate  or  preliminary  warrant  of  arrest,  issued  by  the  competent 
authority  as  provided  in  Article  XI  hereof,  and  been  brought  before 
a  judge  or  a  magistrate  to  the  end  that  the  evidence  of  his  or  her 
guilt  may  be  heard  and  examined  as  hereinbefore  provided,  it  shall 
appear  that  the  mandate  or  preliminary  warrant  of  arrest  has  been 
issued  in  pursuance  of  a  request  or  declaration  received  by  telegraph 
from  the  Government  asking  for  the  extradition,  it  shall  be  competent 
for  the  judge  or  magistrate  at  his  discretion  to  hold  the  accused  for 
a  period  not  exceeding  two  months,  so  that  the  demanding  Govern- 
ment may  have  opportunity  to  lay  before  such  judge  or  magistrate 
legal  evidence  of  the  guilt  of  the  accused,  and  if  at  the  expiration  of 
said  period  of  two  months  such  legal  evidence  shall  not  have  been 
produced  before  such  judge  or  magistrate,  the  person  arrested  shall 
be  released,  provided  that  the  examination  of  the  charges  preferred 
against  such  accused  person  shall  not  be  actually  going  on. 

Aeticle  XIII. 

In  every  case  of  a  request  made  by  either  of  the  two  Contracting 
Parties  for  the  arrest,  detention,  or  extradition  of  fugitive  criminals, 
the  legal  officers  or  fiscal  ministry  of  the  country  where  the  proceed- 
ings of  extradition  are  had,  shall  assist  the  officers  of  the  Government 
demanding  the  extradition  before  the  respective  judges  and  magis- 
trates, by  every  legal  means  within  their  or  its  power;  and  no  claim 
whatever  for  compensation  for  any  of  the  services  so  rendered  shall 
be  made  against  the  Government  demanding  the  extradition,  pro- 
vided, however,  that  any  officer  or  officers  of  the  surrending  Govern- 
ment so  giving  assistance  who  shall,  in  the  usual  course  of  their  duty, 
receive  no  salary  or  compensation  other  than  specific  fees  for  services 
performed,  shall  be  entitled  to  receive  from  the  Government  demand- 
ing the  extradition  the  customary  fees  for  the  acts  or  services  per- 
formed b}'  them,  in  the  same  manner  and  to  the  same  amount  as 
though  such  acts  or  services  had  been  performed  in  ordinary  criminal 
proceedings  under  the  laws  of  the  country  of  which  they  are  officers. 


76 
Article  XIV. 

This  Convention  shall  take  eU'ect  from  the  day  of  the  exchange  of 
the  ratifications  thereof;  but  either  Contracting  Party  may  at  any 
time  terminate  the  same  on  giving  to  the  other  six  months'  notice  of 
its  intention  to  do  so. 

The  ratifications  of  the  present  Convention  shall  be  exchanged  at 
Washington  as  soon  as  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed 
the  above  articles,  and  have  hereunto  affixed  their  seals. 

Done  in  duplicate,  at  the  city  of  Washington,  this  15th  day  of 
January,  one  thousand  nine  hundred  and  nine. 

Elihu  Root       [seal.] 
Luis  Lazo  a.     [seal.] 


jAPA:Nr. 

1911. 

Commerce  and  Navigation.     Superseding  tiie  Treaty  of  Novem- 
ber 22,  1894.     [Vol.  1,  1028.] 

Signed  at  Washington  Fehriiary  21,  1911;  ratification  advised  by  the 
Senate,  with  amendment,  February  24,  1911 ;  ratified  by  the  Presi- 
dent March  2,  1911;  ratified  by  Japan  March  31,  1911;  ratifica- 
tions exchanged  at  Tokyo  April  4,  1911;  proclaimed  April  5,  1911. 


Ahticles. 


I.  Mutual  freedom  of  trade,  travel, 
etc. ;    taxes,    and    exemptions 
from  military  service. 
II.  Inviolability  of  dwellings,  etc. 

III.  Consular  officers. 

IV.  Reciprocal  freedom  of  commerce 

and  navigation. 
V.  Import  and  export  duties. 
VI.  Transit  dues. 
VII.  Corporations. 
VIII.  Equality  of  shipping. 
IX.  Privileges   respecting  stationing, 
loading,  etc.,  vessels. 


X. 

XL 

XII. 

XIII. 

XIV. 

XV. 

XVI. 

XVII. 

XVIII. 


Nationality  of  vessels. 
Tonnage,  etc.,  dues. 
Vessels  in  postal  service. 
Coasting  trade. 
Favored-nation  privilege. 
Patents,   trade-marks,  and 

signs. 
Treaty  of  1894  superseded. 
Effect ;  duration. 
Ratification. 


de- 


The  President  of  the  United  States  of  America  and  His  Majesty 
the  Emperor  of  Japan,  being  desirous  to  strengthen  the  relations  of 
amity  and  good  understanding  which  happily  exist  between  the  two 
nations,  and  believing  that  the  fixation  in  a  manner  clear  and  posi- 
tive of  the  rules  which  are  hereafter  to  govern  the  commercial  inter- 
course between  their  respective  countries  will  contribute  to  the  reali- 
zation of  this  most  desirable  result,  have  resolved  to  conclude  a  Treaty 
of  Commerce  and  Navigation  for  that  purpose,  and  to  that  end  have 
named  their  Plenipotentiaries,  that  is  to  say: 

The  President  of  the  United  States  of  America,  Philander  C. 
Knox,  Secretary  of  State  of  the  United  States;  and 

His  Majesty  the  P^mperor  of  Japan,  Baron  Yasuya  Uchida, 
Jusammi,  Grand  Cordon  of  the  Imperial  Order  of  the  Tiising  Sun, 
His  Majesty's  Ambassador  Extraordinary  and  Plenipotentiary  to 
the  United  States  of  America; 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  found  to  be  in  good  and  due  form,  have  agreed  upon  the 


following  articles: 


Article  I. 


The  citizens  or  subjects  of  each  of  the  High  Contracting  Parties 
shall  have  liberty  to  enter,  travel  and  reside  in  the  territories  of  the 

(77) 


78 

other  to  carry  on  trade,  '^vholesale  and  retail,  to  own  or  lease  and 
occupy  houses,  manufactories,  warehoupes  and  shops,  to  employ 
agents  of  their  choice,  to  lease  land  for  residential  and  commercial 
purposes,  and  generally  to  do  anything  incident  to  or  necessary  for 
trade  upon  the  same  terms  as  native  citizens  or  subjects,  submitting 
themselves  to  the  laws  and  regulations  there  established. 

They  shall  not  be  compelled,  under  any  pretext  whatever,  to  pay 
any  charges  or  taxes  other  or  higher  than  those  that  are  or  may  be 
paid  by  native  citizens  or  subjects. 

The  citizens  or  subjects  of  each  of  the  High  Contracting  Parties 
shall  receive,  in  the  territories  of  the  other,  the  most  constant  pro- 
tection and  security  for  their  persons  and  property,  and  shall  enjoy 
in  this  respect  the  same  rights  and  privileges  as  are  or  may  be  granted 
to  native  citizens  or  subjects,  on  their  submitting  themselves  to  the 
conditions  imposed  upon  the  native  citizens  or  subjects. 

They  shall,  however,  be  exempt  in  the  territories  of  the  other  from 
compulsory  militar}'^  service  either  on  land  or  sea,  in  the  regular 
forces,  or  in  the  national  guard,  or  in  the  militia;  from  all  contribu- 
tions imposed  in  lieu  of  personal  service,  and  from  all  forced  loans 
or  milita-ry  exactions  or  contributions. 

Article  II. 

The  dwellings,  warehouses,  manufactories  and  shops  of  the  citizens 
or  subjects  of  each  of  the  High  Contracting  Parties  in  the  territories 
cf  the  other,  and  all  premises  apjoertaining  thereto  used  for  purpose*; 
of  residence  or  commerce,  shall  be  respected.  It  shall  not  be  allow- 
able to  proceed  to  make  a  domiciliary  visit  to,  or  a  search  of,  any 
such  buildings  and  premises,  or  to  examine  or  inspect  books,  papers 
or  accounts,  except  under  the  conditions  and  with  the  forais  pre- 
scribed by  the  laws,  ordinances  and  regulations  for  nationals. 

Article  III. 

Each  of  the  High  Contracting  Parties  may  appoint  Consuls  Gen- 
eral, Consuls,  Vice  Consuls,  Deputy  Consuls  and  Consular  Agents  in 
all  ports,  cities  and  places  of  the  other,  except  in  those  where  it  may 
not  be  convenient  to  recognize  such  officers.  This  exception,  howevc^, 
shall  not  be  made  in  regard  to  one  of  the  Contracting  Parties  without 
being  made  likewise  in  regard  to  all  other  Powers. 

Such  Consuls  General,  Consuls,  Vice  Consuls.  Deputy  Consnls  and 
Consular  Agents,  having  received  exequaturs  or  other  sufficient  au- 
thorizations from  the  Government  of  the  country  to  which  they  are 
appointed,  shall,  on  condition  of  reciprocity,  have  the  right  to  exer- 
cise the  functions  and  to  enjoy  the  exemptions  and  immunities  which 
are  or  may  hereafter  be  granted  to  the  consular  officers  of  the  same 
rank  of  the  most  favored  nation.  The  Government  issuing  exequaturs 
or  other  authorizations  may  in  its  discretion  cancel  the  same  on  com- 
municating the  reasons  for  which  it  thought  proper  to  do  so. 

Article  IV. 

There  shall  be  between  the  territories  of  the  two  High  Contracting 
Parties  reciprocal  freedom  of  commerce  and  navigation.    The  citizens 


79 

or  subjects  of  each  of  the  Contracting  Parties,  equally  with  the  citi- 
zens or  subjects  of  the  most  favored  nation,  shall  have  liberty  freely 
to  come  with  their  ships  and  cargoes  to  all  places,  ports  and  rivers  in 
the  territories  of  the  other  which  are  or  may  be  opened  to  foreign 
commerce,  subject  always  to  the  laws  of  the  country  to  which  they 
thus  come. 

Article  V. 

The  import  duties  on  articles,  the  produce  or  manufacture  of  the 
territories  of  one  of  the  High  Contracting  l*arties,  upon  importa- 
tion into  the  territories  of  the  other,  shall  henceforth  be  regulated 
either  by  treaty  between  the  two  countries  or  by  the  internal  legisla- 
tion of  each. 

Neither  Contracting  Party  shall  impose  any  other  or  higher  duties 
or  charges  on  the  exportation  of  any  article  to  the  territories  of  the 
other  than  are  or  may  be  payable  on  the  exportation  of  the  like 
article  to  any  other  foreign  country. 

Nor  shall  any  prohibition  be  imposed  by  either  country  on  the 
importation  or  exportation  of  any  article  from  or  to  the  territories 
of  the  other  which  shall  not  equally  extend  to  the  like  article  im- 
ported from  or  exported  to  any  other  country.  The  last  provision  is 
not,  however,  applicable  to  prohibitions  or  restrictions  maintained  or 
imposed  as  sanitary  measures  or  for  purposes  of  protecting  animals 
and  useful  plants. 

Article  VI. 

The  citizens  or  subjects  of  each  of  the  High  Contracting  Parties 
shall  enjoy  in  the  territories  of  the  other  exemption  from  all  transit 
duties  and  a  perfect  equality  of  treatment  with  native  citizens  or 
subjects  in  all  that  relates  to  warehousing,  bounties,  facilities  and 
drawbacks. 

Article  VII. 

Limited-liability  and  other  companies  and  associations,  commer- 
cial, industrial,  and  financial,  already  or  hereafter  to  be  organized 
in  accordance  with  the  laws  of  either  High  Contracting  Party  and 
domiciled  in  the  territories  of  such  Party,  are  authorized,  in  the  ter- 
ritories of  the  other,  to  exercise  their  rights  and  appear  in  the  courts 
either  as  plaintiffs  or  defendants,  subject  to  the  laws  of  such  other 
Party. 

The  foregoing  stipulation  has  no  bearing  upon  the  question 
whether  a  company  or  association  organized  in  one  of  the  two  coun- 
tries will  or  will  not  be  permitted  to  transact  its  business  or  industry 
in  the  other,  this  permission  remaining  always  subject  to  the  laws 
and  regulations  enacted  or  established  in  the  respective  countries  or 
in  any  part  thereof. 

Article  VIII. 

All  articles  which  are  or  may  be  legally  imported  into  the  ports 
of  eitlier  High  Contracting  Party  from  foreign  countries  in  national 
vessels  may  likewise  be  imported  into  those  ports  in  vessels  of  the 
other  Contracting  Party,  without  being  liable  to  any  other  or  higlier 
duties  or  charges  of  whatever  denomination  than  if  such   articles 


so 

were  imported  in  national  vessels.  Such  reciprocal  equality  of  treat- 
ment shall  take  effect  without  distinction,  whether  such  articles  come 
directly  from  tlie  place  of  origin  or  from  any  other  foreign  place. 

In  the  same  manner,  there  shall  be  perfect  equality  of  treatment 
in  regard  to  exportation,  so  that  the  same  export  duties  shall  be  paid, 
and  the  same  bounties  and  drawbacks  allowed,  in  the  territories  of 
each  of  the  Contracting  Parties  on  the  exportation  of  any  article 
which  is  or  may  be  legally  exported  therefrom,  whether  such  exporta- 
tion shall  take  place  in  vessels  of  the  United  States  or  in  Japanese 
vessels,  and  whatever  may  be  the  place  of  destination,  whether  a  port 
of  the  other  Party  or  of  any  third  Power. 

Article  IX. 

In  all  that  regards  the  stationing,  loading  and  unloading  of  vessels 
in  the  ports  of  the  territories  of  the  High  Contracting  Parties,  no 
privileges  shall  be  granted  by  either  Party  to  national  vessels  which 
are  not  equally,  in  like  cases,  granted  to  the  vessels  of  the  other 
country;  the  intention  of  the  Contracting  Parties  being  that  in  these 
respects  the  respective  vessels  shall  be  treated  on  the  footing  of 
perfect  equality. 

Articx,e  X. 

Merchant  vessels  navigating  under  the  flag  of  the  United  States  or 
that  of  Japan  and  carrjang  the  papers  required  by  their  national 
laws  to  prove  their  nationality  shall  in  Japan  and  in  the  United 
States  be  deemed  to  be  vessels  of  the  United  States  or  of  Japan, 
respectively. 

Article  XI. 

No  duties  of  tonnage,  harbor,  pilotage,  lighthouse,  quarantine,  or 
other  similar  or  corresponding  duties  of  whatever  denomination, 
levied  in  the  name  or  for  the  profit  of  Government,  public  function- 
aries, private  individuals,  corporations  or  establishments  of  any  kind 
shall  be  imposed  in  the  ports  of  the  territories  of  either  country  upon 
the  vessels  of  the  other,  which  shall  not  equally,  under  the  same  con- 
ditions, be  imposed  on  national  vessels  in  general,  or  on  vessels  of  the 
most  favored  nation.  Such  equality  of  treatment  shall  apply  recip- 
rocally to  the  respective  vessels  from  whatever  place  they  may  arrive 
and  whatever  may  be  their  place  of  destination. 

Article  XII. 

Vessels  charged  with  performance  of  regular  scheduled  postal 
service  of  one  of  the  High  Contracting  Parties,  whether  belonging  to 
the  State  or  subsidized  by  it  for  the  purpose,  shall  enjoy,  in  the  ports 
of  the  territories  of  the  other,  the  same  facilities,  privileges  and 
immunities  as  are  granted  to  like  vessels  of  the  most  favored  nation. 

Article  XIII. 

The  coasting  trade  of  the  High  Contracting  Parties  is  excepted 
from  the  provisions  of  the  present  Treaty  and  shall  be  regulated 
according  to  the  laws  of  the  United  States  and  Japan,  respectively. 


81 

It  is,  however,  understood  that  the  citizens  or  subjects  of  either  Con- 
tracting Party  shall  enjoy  in  this  respect  most-favored-nation  treat- 
ment in  the  territories  of  the  other. 

A  vessel  of  one  of  the  Contracting  Parties,  laden  in  a  foreign 
country  with  cargo  destined  for  two  or  more  jDorts  of  entry  in  the 
territories  of  the  other,  may  discharge  a  portion  of  her  cargo  at  one 
of  the  said  ports,  and,  continuing  her  voyage  to  the  other  port  or 
ports  of  destination,  there  discharge  the  remainder  of  her  cargo, 
subject  always  to  the  laws,  tarills  and  customs  regulations  of  llie 
country  of  destination ;  and,  in  like  manner  and  under  the  same  reser- 
vation, the  vessels  of  one  of  the  Contracting  Parties  shall  be  permitted 
to  load  at  several  ports  of  the  other  for  the  same  outward  voyages. 

Aeticlb  XIV. 

Except  as  otherwise  expressly  provided  in  this  Treaty,  the  High 
Contracting  Parties  agree  that,  in  all  that  concerns  commerce  and 
navigation,  any  privilege,  favor  or  immunity  which  either  Contract- 
ing Party  has  actually  granted,  or  may  hereafter  grant,  to  the  citizens 
or  subjects  of  any  other  State  shall  be  extended  to  the  citizens  or 
subjects  of  the  other  Contracting  Party  gratuitously,  if  the  conces- 
sion in  favor  of  that  other  State  shall  have  been  gratuitous,  and  on 
the  same  or  equivalent  conditions,  if  the  concession  shall  have  been 
conditional. 

Article  XV. 

The  citizens  or  subjects  of  each  of  the  High  Contracting  Parties 
shall  enjoy  in  the  territories  of  the  other  the  same  protection  as  native 
citizens  or  subjects  in  regard  to  patents,  trade-marks  and  designs, 
upon  fulfillment  of  the  fonnalities  prescribed  by  law. 

Akticlb  XVI. 

The  present  Treaty  shall,  from  the  date  on  which  it  enters  into 
operation,  supersede  the  Treaty  of  Commerce  and  Navigation  dated 
the  2"2nd  day  of  November,  1894;  and  from  the  same  date  the  last- 
named  Treaty  shall  cease  to  be  binding. 

Article  XVII. 

The  present  Treaty  shall  enter  into  operation  on  the  17th  of  July, 
1011,  and  shall  remain  in  force  twelve  years  or  until  the  expiration 
of  six  months  from  the  date  on  which  either  of  the  Contracting 
Parties  shall  have  given  notice  to  the  other  of  its  intention  to  ter- 
minate the  Treaty. 

In  case  neither  of  the  Contracting  Parties  shall  have  given  notice 
to  the  other  six  months  before  the  expiration  of  the  said  period  of 
twelve  years  of  its  intention  to  terminate  the  Treaty,  it  shall  continue 
operative  until  the  expiration  of  six  months  from  the  date  on  which 
either  Party  shall  have  given  such  notice. 

Article  XVIII. 

The  present  Treaty  shall  b^  ratified  and  the  ratifications  thereof 
shall  be  exchanged  at  Tokyo  as  soon  as  possible  and  not  later  than 
three  months  from  the  present  date. 

70844"— S.  Doc  1063,  62-3 6 


82 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
this  Treaty  in  duplicate  and  have  hereunto  aflixed  their  seals. 

Done  at  Washington  the  21st  day  of  February,  in  the  nineteen 
hundred  and  eleventh  year  of  the  Christian  era.  corresponding  to 
the  21st  day  of  the  2nd  month  of  the  44th  year  of  IMeiji. 

Philander  C  Ivnox     [seal] 
y.  UcHiDA  [seal] 

And  whereas,  the  advice  and  consent  of  the  Senate  of  the  United 
States  to  the  ratification  of  the  said  Treaty  was  given  with  the  under- 
standing "  that  the  treaty  shall  not  be  deemed  to  repeal  or  affect  any 
of  the  provisions  of  the  Act  of  Congress  entitled  'An  Act  to  Regulate 
the  Immigration  of  Aliens  into  the  United  States,'  approved  Feb- 
ruary 20th  1907;" 

And  whereas,  the  said  understanding  has  been  accepted  by  the 
Government  of  Japan; 

And  whereas,  the  said  Treaty,  as  amended  by  the  Senate  of  the 
United  States,  has  been  duly  ratified  on  both  parts,  and  the  ratifica- 
tions of  the  two  Governments  were  exchanged  in  the  City  of  Tokyo, 
on  the  fourth  day  of  April,  one  thousand  nine  hundred  and  eleven ; 

Now,  therefore,  be  it  known  that  I,  "William  Howai;d  Taft,  Presi- 
dent of  the  United  States  of  America,  have  caused  the  said  Treaty, 
as  amended,  and  the  said  understanding  to  be  made  public,  to  the 
end  that  the  same  and  every  article  and  clause  thereof  may  be 
observed  and  fulfilled  with  good  faith  by  the  United  States  and  the 
citizens  thereof. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  fifth  day  of  April  in  the  year 
of  our  Lord  one  thousand  nine  bundled  and  eleven,  and  of 
[seal.]     the  Independence  of  the  United  States  of  America  the  one 
hundred  and  thirty-fifth. 

Wm  H  Tatt 

Bv  the  President: 
P  C  Knox 

Secretai'y  of  State. 


DECLARATION. 

In  proceeding  this  day  to  the  signature  of  the  Treaty  of  Commerce 
and  Navigation  betwcn  Japan  and  the  United  States  the  undersigned, 
Japanese  Ambassador  in  Washington,  duly  authorized  by  his  Govern- 
ment has  the  honor  to  declare  that  (he  Imperial  Japanese  Government 
are  fully  prepared  to  maintain  with  equal  effectiveness  the  limitation 
and  control  which  they  have  for  the  past  three  years  exercised  in  regu- 
lation of  the  emigration  of  laborers  to  the  United  States. 

Y.   UCHIDA 

Febbuaby  21,  191L 


83 

By  the  President  of  the  United  States  of  America. 

A  PROCLAMATION. 

Whereas  a  Protocol  of  a  provisional  tariff  arranji^ement  between 
the  United  States  of  America  and  the  Empire  of  Japan  was  con- 
cluded and  si^ed  by  their  respective  Plenipotentiaries  at  Washinfj;- 
ton,  on  the  twenty-first  day  of  February,  one  thousand  nine  hundred 
and  eleven,  the  original  of  which  Protocol,  beinc:  in  the  English 
lant^uaf^e  is,  as  amended  by  the  Senate  of  the  United  States,  word 
for  word  as  follows : 

PROTOCOL. 

The  Government  of  the  United  States  of  America  and  the  Govern- 
ment of  Japan  have,  through  their  respective  Plenipotentiaries, 
agreed  upon  the  following  stipulation  in  regard  to  Article  V  of  the 
Treaty  of  Commerce  and  IS^avigation  between  the  United  States  and 
Japan  signed  this  day  to  replace  on  the  iTth  of  July,  1911,  the  Treaty 
of  the  22nd  of  November,  1894 : 

Pending  the  conclusion  of  a  treaty  relating  to  tariff,  the  provisions 
relating  to  tariff  in  the  Treaty  of  the  22nd  of  November,  1894,  shall 
be  maintained. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
this  Protocol  in  duplicate  and  have  hereunto  affixed  their  seals. 

Done  at  Washington  the  21st  day  of  February,  in  the  nineteen 
hundred  and  eleventh  year  of  the  Christian  era,  corresponding  to 
the  21st  day  of  the  2nd  month  of  the  44th  year  of  Meiji. 

[seal]  Philander  C  Knox 

[seal]  Y.  Uchida 

And  whereas,  the  said  Protocol,  as  amended  by  the  Senate  of  the 
United  States,  has  been  duly  ratified  on  both  parts,  and  the  ratifica- 
tions of  the  two  governments  were  exchanged  in  the  City  of  Tokyo, 
on  the  fourth  day  of  April,  one  thousand  nine  hundred  and  eleven; 
Now,  therefore,  be  it  known  that  I,  William  Howard  Taft,  Presi- 
dent of  the  United  States  of  America,  have  caused  the  said  Protocol 
to  be  made  public,  to  the  end  that  the  same  and  every  article  and 
clause  thereof,  as  amended,  may  be  observed  and  fulfilled  with  good 
faith  by  the  United  States  and  the  citizens  thereof. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Wasliington  this  fifth  day  of  April  in  the 
year  of  our  Lord  one  thousand  nine  hundred  and  eleven. 
[seal]     and  of  the  Independence  of  the  United  States  of  America 
the  one  hundred  and  thirty-fifth. 

Wm  II  Taft 
By  the  President : 
P  C  Knox 

Secretary  of  State, 


84 

1911.« 

Convention  Between  the  United  States,  Great  Britain,  Russia, 
AND  Japan  for  the  Preservation  and  Protection  of  Fur  Seai^, 
AND  Superseding  the  Treaty  of  February  7, 1911.* 

Signed  at  Washington  July  7, 1911 ;  ratification  advised  hy  the  Senate 
July  i?4, 1911;  ratified  hy  the  President  November  24, 1911 ;  ratified 
hy  Great  Britain  August  £5,  1911;  ratified  hy  Japan  November  6, 
1911;  ratified  by  Russia  October  £2, 1911,  Nove7nber  4,  1911;  ratifi- 
cations exchanged  at  ^Y ashington  December  12 ^  1911;  proclaimed 
December  IJf,  1911. 

Abticles. 


relative    to    pelagic 


II. 

III. 

IV. 
V. 

VI. 
VII. 

VIII. 


relative    to    use    of 


I.  Prohibition 
sealing. 

Proliibltion 
ports. 

IiuiMjrtation  of  fur  seal  skins. 

Exemption  of  Indians. 

Protection  of  sea  otters. 

Legislation. 

Maintenance    of    guard    or    pa- 
trol. 

Cooperation    for   the   prevention 
of  pelagic  sealing. 
IX.  Pelagic  sealing  defined. 


X. 


Distribution  of  seals  taken 

United  States. 
Payment  by  United  States. 
Distribution    of    seal    skins 

Russia. 
XIII.  Distribution    of   seal    skins 

Japan. 
Distribution    of 

Great  Britain. 
Treaty    of    February 

superseded. 
Effect ;  duration. 
Ratification. 


XI. 
XII. 


XIV, 


XV 


by 

by 

by 

seal    skins    by 

7,    1911, 


XVI. 
XVII. 


The  United  States  of  America,  Plis  Majesty  the  King  of  the  United 
Kingdom  of  Great  Britain  and  IreLind,  and  of  the  British  Dominions 
beyond  the  Seas,  Emperor  of  India,  His  Majesty  the  Emperor  of 
Japan,  and  His  Majesty  the  Emperor  of  all  the  Rtissias.  being  de- 
sirous of  adopting  etfective  means  for  the  preservation  and  protection 
of  the  fur  seals  which  frequent  the  waters  of  the  North  Pacific  Ocean, 
have  resolved  to  conclude  a  Convention  for  the  purpose,  and  to  that 
end  have  named  as  their  Plenipotentiaries: 

The  President  of  the  United  States  of  America,  the  Honorable 
Charles  Nagel,  Secretary  of  Commerce  and  Labor  of  the  United 
States,  and  the  Honorable  Chandler  P.  Anderson,  Counselor  of  the 
Department  of  State  of  the  United  States; 

His  Britannic  Majesty,  the  Right  Honorable  James  Bryce,  of  the 
Order  of  Merit,  his  Ambassador  Extraordinary  and  Plenipotentiary 
at  Washington,  and  Joseph  Pope,  E.sqinre,  Commander  of  the  Royal 
Victorian  Order  and  Companion  of  the  Order  of  St.  Michael  and  St. 
George,  Under  Secretary  of  State  of  Canada  for  External  Affairs; 

His  ISIajesty  the  Emperor  of  Japan,  Baron  Yasuya  Uchida, 
Jusammi,  Grand  Cordon  of  tlie  Imperial  Order  of  the  Rising  Sun, 
his  Amba.ssador  Extraordinary  and  Plenipotentiary  at  Washington; 
and  the  Honorable  Hitoshi  I)auke,  Shoshii,  Third  Class  of  the  Im- 
perial Order  of  the  Rising  Sun,  Director  of  the  Bureau  of  Fisheries, 
Department  of  Agriculture  and  Commerce; 

His  Majest}^  the  Emperor  of  all  the  Russias,  the  Honorable  Pierre 
Botkine,  Chamberlain  of  His  Majesty's  Court,  Envoy  Extraordinary 
and  Minister  Plenipotentiary  to  Morocco,  and  Baron  Boris  Nolde,  of 
tlie  Foreign  Office; 


°  U.  S.  stats.,  vol.  37,  p.  499,  act  carrying  provisions  of  treaty  into  effect 
^  rn^vlously  inserted  on  page  60. 


85 

"S^Hio,  after  havinof  fominunicated  lo  one  another  their  respective 
full  powers,  whi«'Ii  were  found  to  be  in  chie  and  proper  foi'in,  have 
agreed  upon  the  following  nrlieles: 

Artici-k  I. 

The  High  Contracting  Parties  mntnally  and  reciprocally  agree 
that  their  citizens  and  subjects  respectively,  and  all  persons  subject  to 
their  laws  and  treaties,  and  their  vessels,  shall  be  proliibited,  while 
this  Convention  remains  in  force,  from  engaging  in  pelagic  sealing 
in  t)>e  waters  of  the  Xorth  Pacific  Ocean,  north  of  the  thirtieth  par- 
alle  of  north  latitude  and  including  the  Seas  of  Bering,  Kamchatka, 
Okhotsk  and  Japan,  and  that  every  such  person  and  vessel  offending 
against  such  prohibition  may  be  seized,  except  within  the  territorial 
jurisdiction  of  one  of  the  other  Powers,  and  detained  by  the  naval 
or  other  duly  commissioned  officers  of  any  of  the  Parties  to  this  Con- 
vention, to  be  delivered  as  soon  as  practicable  to  an  authorized  official 
■  of  their  OAvn  nation  at  the  nearest  point  to  the  place  of  seizure,  or 
elsewhere  as  may  be  mutually  agreed  upon;  and  that  the  authorities 
of  the  nation  to  which  such  person  or  vessel  belongs  alone  shall  have 
jurisdiction  to  try  the  offense  and  impose  the  penalties  for  the  same; 
and  that  the  witnesses  and  proofs  necessary  to  establish  the  offense, 
so  far  as  they  are  under  the  control  of  any  of  the  Parties  to  this 
Convention,  shall  also  be  furnished  with  all  reasonable  promptitude 
to  the  proper  authorities  having  jurisdiction  to  try  the  offense. 

Article  II. 

Each  of  the  High  Contracting  Parties  further  agrees  that  no  per- 
son or  vessel  shall  be  permitted  to  use  any  of  its  ports  or  harbors  or 
any  part  of  its  territory  for  any  purposes  whatsoever  connected  with 
the  operations  of  pelagic  sealing  in  the  waters  within  the  protected 
area  mentioned  in  Article  I. 

Article  III. 

Each  of  the  High  Contracting  Parties  further  agrees  that  no  seal- 
skins taken  in  the  waters  of  the  North  Pacific  Ocean  witliin  the  pro- 
tected area  mentioned  in  Article  I,  and  no  sealskins  identified  as  the 
species  known  as  Gallorhinus  alascanus,  Callorhinus  ursinus,  and 
Callorhinvs  hiiHleiisis^  and  belonging  to  the  American,  Russian  or 
Japanese  herds,  except  such  as  are  taken  under  the  authority  of  the 
respective  Powers  to  which  the  breeding  grounds  of  such  herds  be- 
long and  have  been  officially  marked  and  certified  as  having  been  so 
taken,  shall  be  permitted  to  be  imported  or  brouglit  into  the  territory 
of  any  of  the  Parties  to  this  Convention. 

Article  IV. 

It  is  further  agi-eed  that  the  provisions  of  this  Convention  shall 
not  apply  to  Indians,  Ainos,  Aleuts,  or  other  aborigines  dwelling  on 
the  coast  of  the  waters  mentioned  in  Article  I,  who  carry  on  pelagic 
sealing  in  canoes  not  transported  by  or  used  in  connection  with  other 


86 

vessels,  and  propelled  entirely  by  oars,  paddles,  or  sails,  and  manned 
by  not  more  than  five  persons  each,  in  the  way  hitherto  practiced 
and  witliout  the  use  of  tirearms;  provided  that  such  aborigines  are 
not  in  the  emploj^ment  of  other  persons  or  under  contract  to  deliver 
the  skins  to  any  person. 

Article  V. 

Each  of  the  High  Contracting  Parties  agrees  that  it  will  not  permit 
its  citizens  or  subjects  or  their  vessels  to  kill,  capture  or  pursue  be- 
yond the  distance  of  three  miles  from  the  shore  line  of  its  territories 
sea  otters  in  any  part  of  the  waters  mentioned  in  Article  I  of  this 
Convention. 

Artici^  VI. 

Each  of  the  High  Contracting  Parties  agrees  to  enact  and  enforce 
such  legislation  as  ma}'  be  necessary  to  make  effective  the  foregoing 
provisions  with  apj)ropriate  penalties  for  violations  thereof. 

Article  VII. 

It  is  agreed  on  the  part  of  the  United  States,  Japan,  and  Russia 
that  each  respectively  Avill  maintain  a  guard  or  patrol  in  the  waters 
frequented  by  the  seal  herd  in  the  protection  of  which  it  is  especially 
interested,  so  far  as  may  be  necessary  for  the  enforcement  of  tho 
foregoing  provisions. 

Article  VIII. 

All  of  the  High  Contracting  Parties  agree  to  cooperate  with  each 
other  in  taking  such  measures  as  may  be  appropriate  and  available 
for  the  purpose  of  preventing  pelagic  sealing  in  the  prohibited  area 
mentioned  in  Article  I. 

Article  IX. 

The  term  pelagic  sealing  is  hereby  defined  for  the  purposes  of  this 
Convention  as  meaning  tlie  killing,  capturing  or  pursuing  in  any 
manner  whatsoever  of  fur  seals  at  sea. 

Article  X, 

The  United  States  agrees  that  of  the  total  number  of  sealskins 
taken  annually  under  the  authority  of  the  United  States  upon  the 
Pribilof  Islands  or  any  other  ishinds  or  shores  of  the  waters  men- 
tioned in  Article  I  subject  to  the  jurisdiction  of  the  United  States 
to  which  any  seal  herds  hereafter  resort,  there  shall  be  delivervid  at 
the  Pribilof  Islands  at  the  end  of  each  season  fifteen  per  cent  (15%) 
gross  in  number  and  value  thereof  to  an  authorized  agent  of  the 
Canadian  Government  and  fifteen  per  cent  (15%)  gross  in  number 
and  value  thereof  to  an  authorized  agent  of  the  Japanese  Govern- 
ment; provided,  however,  that  nothing  herein  contained  shall  restrict 
the  right  of  the  United  States  at  any  time  and  from  time  to  time  to 


87 

suspend  altogether  the  taking  of  sealskins  on  such  islands  or  shores 
subject  to  its  jurisdiction,  and  to  impose  such  restrictions  and  regula- 
tions upon  the  total  number  of  skins  to  be  taken  in  any  season  and 
the  manner  and  times  and  places  of  taking  them  as  may  seem  neces- 
saiy  to  protect  and  preserve  the  seal  herd  or  to  increase  its  number. 

Article  XI. 

The  United  States  further  agrees  to  pay  the  sum  of  two  hundred 
thousand  dollars  ($200,000)  to  Great  Britain  and  the  sum  of  two 
hundred  thousand  dollars  ($200,000)  to  Japan  when  this  Convention 
goes  into  effect,  as  an  advance  payment  in  each  case  in  lieu  of  such 
number  of  fur-seal  skins  to  which  Great  Britain  and  Japan  respec- 
tively would  be  entitled  under  the  provisions  of  this  Convention  as 
would  be  equivalent  in  each  case  to  two  hundred  thousand  dollars 
($200,000)  reckoned  at  their  market  value  at  London  at  the  date  of 
their  delivery  before  dressing  and  curing  and  less  cost  of  transporta- 
tion from  the  Pribilof  Islands,  such  market  value  in  case  of  dispute 
to  be  determined  by  an  umpire  to  be  agreed  upon  by  the  United 
States  and  Great  Britain,  or  by  the  United  States  and  Japan,  as  the 
case  may  be,  which  skins  shall  be  retained  by  the  United  States  in 
satisfaction  of  such  payments. 

The  United  States  further  agrees  that  the  British  and  Japanese 
share  respectively  of  the  sealskins  taken  from  the  American  herd 
under  the  terms  of  this  Convention  shall  be  not  less  than  one  thou- 
sand (1,000)  each  in  any  year  even  if  such  number  is  more  than 
fifteen  per  cent  (15%)  of  the  number  to  which  the  authorized  killing 
is  restricted  in  such  year,  unless  the  killing  of  seals  in  such  year  or 
years  shall  have  been  absolutely  prohibited  by  the  United  States  for 
all  purposes  except  to  supply  food,  clothing,  and  boat  skins  for  the 
natives  on  the  islands,  in  which  case  the  United  States  agrees  to  pay 
to  Groat  Britain  and  to  Japan  each  the  sum  of  ten  thousand  dollars 
($10,000)  annually  in  lieu  of  any  share  of  skins  during  the  years 
when  no  killing  is  allowed;  and  Great  Britain  agrees,  and  Japan 
agrees,  that  after  deducting  the  skins  of  their  respective  shares,  which 
are  to  be  retained  by  the  United  States  as  above  provided  to  reim- 
burse itself  for  the  advance  payment  aforesaid,  the  United  States 
shall  be  entitled  to  reimburse  itself  for  any  annual  payments  made 
as  herein  required,  by  retaining  an  additional  number  of  sealskins 
from  the  British  and  Japanese  shares  respectively  over  and  above 
the  specified  minimum  allowance  of  one  thousand  (1,000)  skins  in  any 
subsequent  year  or  years  when  killing  is  again  resumed,  until  the 
whole  number  of  skins  retained  shall  equal,  reckoned  at  their  market 
value  determined  as  above  provided  for,  the  entire  amount  so  paid, 
with  interest  at  the  rate  of  four  per  cent  (4%)  per  annum. 

If,  however,  the  total  number  of  seals  frequenting  the  United 
States  islands  in  any  year  falls  below  one  hundred  thousand  (100,000), 
enumerated  by  official  count,  then  all  killing,  excepting  the  incon- 
siderable supply  necessary  for  the  support  of  the  natives  as  above 
noted,  may  be  suspended  w'ithout  allowance  of  skins  or  payment  of 
money  equivalent  until  the  number  of  such  seals  again  exceeds  one 
hundred  thousand  (100,000),  enumerated  in  like  manner. 


88 

Article  XII. 

It  is  a<rreed  on  the  part  of  Russia  that  of  the  total  number  of  seal- 
skins taken  annually  upon  the  Commander  Islands,  or  any  other 
island  or  shores  of  the  waters  defined  in  Article  I  subject  to  the  juris- 
diction of  Russia  to  which  any  seal  herds  hereafter  resort,  there  shall 
be  delivered  at  the  Commander  Islands  at  the  end  of  each  season 
fifteen  per  cent  (15%)  gross  in  number  and  value  thereof  to  an 
authorized  agent  of  the  Canadian  Government,  and  fifteen  per  cent 
(15%)  gross  in  number  and  value  thereof  to  an  authorized  agent  of 
the  Japanese  GoA'ernment;  provided,  however,  that  nothing  herein 
contained  shall  restrict  the  right  of  Russia  at  any  time  and  from  time 
to  time  during  the  first  five  years  of  the  term  of  this  Convention  to 
suspend  altogether  the  taking  of  sealskins  on  such  islands  or  shores 
subject  to  its  jurisdiction,  and  to  impose  during  the  term  of  this 
Convention  such  restrictions  and  regulations  upon  the  total  number 
of  skins  to  be  taken  in  any  season,  and  the  manner  and  times  and 
places  of  taking  them  as  may  seem  necessary  to  preserve  and  pro- 
tect the  Russian  seal  herd,  or  to  increase  its  number;  but  it  is  agreed, 
nevertheless,  on  the  part  of  Russia  that  during  the  last  ten  years 
of  the  term  of  this  Convention  not  less  than  five  per  cent  (5%)  of 
the  total  number  of  seals  on  the  Russian  rookeries  and  hauling 
grounds  will  be  killed  annually,  provided  that  said  five  per  cent  (5%) 
does  not  exceed  eighty-five  per  cent  (85%)  of  the  three-year-old  male 
seals  haulino;  in  such  year. 

If,  however,  the  total  number  of  seals  frequenting  the  Russian 
islands  in  any  year  falls  below  eigliteen  thousand  (18,000)  enumerated 
by  official  count,  then  the  allowance  of  skins  mentioned  above  and  all 
killing  of  seals  except  such  as  may  be  necessary  for  the  support  of 
the  natives  on  the  islands  may  be  suspended  until  the  number  of 
such  seals  again  exceeds  eighteen  thousand  (18,000)  enumerated  in 
like  manner. 

Article  XIII. 

It  is  agreed  on  the  part  of  Japan  that  of  the  total  number  of  seal- 
skins taken  annually  upon  Robben  Island,  or  any  other  islands  or 
shores  of  the  waters  defined  in  Article  I  subject  to  the  jurisdiction 
of  Japan  to  which  any  seal  herds  hereafter  resort,  there  shall  be  de- 
livered at  Robben  Island  at  the  end  of  each  season  ten  per  cent  (10%) 
gross  in  number  and  value  thereof  to  an  authorized  agent  of  the 
United  States  Government,  ten  per  cent  (10%)  gross  in  number  and 
value  thereof  to  an  authorized  agent  of  the  Canadian  Government, 
and  ten  per  cent  (10%)  gross  in  number  and  value  thereof  to  an  au- 
thorized agent  of  the  Russian  Government;  provided,  however,  that 
nothing  herein  contained  shall  restrict  the  right  of  Japan  at  any 
time  and  from  time  to  time  during  the  first  five  years  of  the  term 
of  this  Convention  to  suspend  altogether  the  taking  of  sealskins  on 
such  islands  or  shores  subject  to  its  jurisdiction,  and  to  impose  during 
the  term  of  tliis  Convention  such  restrictions  and  regulations  upon 
the  total  number  of  skins  to  Ijc  taken  in  any  season,  and  the  manner 
and  times  and  places  of  taking  them  as  may  seem  necessary  to  preserve 
and  protect  the  Japanese  herd,  or  to  increase  its  number;  but  it  is 
agreed,  nevertheless,  on  the  part  of  Japan  that  during  the  last  ten 
years  of  the  term  of  this  Convention  not  less  than  five  per  cent  (5%) 


89 

of  the  total  number  of  seals  on  the  Japanese  rookerie*.  and  hanlinjj; 
grounds  -will  bo  Icillod  annually,  jn-ovidod  that  said  five  per  cent 
(5%)  does  not  exceed  eighty-five  per  cent  (85%)  of  the  Ihree-j^ear- 
old  male  seals  hauling  in  such  year. 

If,  however,  the  total  number  of  seals  frequenting  the  Japanese 
islands  in  any  year  falls  below  six  thousand  i\\G  hundred  ((5,500) 
enumerated  by  oflicial  count,  then  the  allowance  of  skins  mentioned 
above  and  all  killing  of  seals  except  such  as  may  be  necessary  for 
the  support  of  the  natives  on  the  islands  may  be  suspended  until 
the  number  of  such  seals  again  exceeds  six  thousand  five  hundred 
(C,500)  enumerated  in  like  manner. 

Article  XIV. 

It  is  agreed  on  the  part  of  Great  Britain  that  in  case  any  seal  herd 
hereafter  resorts  to  any  islands  or  shores  of  the  waters  defined  in 
Article  I  subject  to  the  jurisdiction  of  Great  Britain,  there  shall  be 
delivered  at  the  end  of  each  season  during  the  term  of  this  Conven- 
tion ten  per  cent  (10%)  gross  in  number  and  value  of  the  total  num- 
ber of  sealskins  annuallv  taken  from  such  herd  to  an  authorized  agent 
of  the  United  States  Government,  ten  per  cent  (10%)  gross  in  number 
and  value  of  the  total  number  of  sealskins  annually  taken  from  such 
herd  to  an  authorized  agent  of  the  Japanese  Government,  and  ten  per 
cent  (10%)  gross  in  number  and  value  of  the  total  number  of  seal- 
skins annually  taken  from  such  herd  to  an  authorized  agent  of  the 
Russian  Government. 

Article  XV." 

It  is  further  agreed  between  the  United  States  and  Great  Britain 
that  the  provisions  of  this  Convention  shall  supersede,  in  so  far  as 
they  are  inconsistent  therewith  or  in  duplication  thereof,  the  provi- 
sions of  the  treaty  relating  to  the  fur  seals,  entered  into  between  the 
United  States  and  Great  Britain  on  the  7th  day  of  February,  1911. 

Article  XVI. 

This  Convention  shall  go  into  effect  upon  the  15th  day  of  December, 
1911,  and  shall  continue  in  force  for  a  period  of  fifteen  (15)  5^ears 
from  that  date,  and  thereafter  until  terminated  by  twelve  (12) 
months'  written  notice  given  by  one  or  more  of  the  Parties  to  all  of 
the  others,  which  notice  may  be  given  at  the  expiration  of  fourteen 
years  or  at  ajiy  tinie  afterwards,  and  it  is  agreed  that  at  any  time 
prior  to  the  termination  of  this  Convention,  upon  the  request  of  any 
one  of  the  High  Contracting  Parties,  a  conference  shall  be  held  forth- 
with between  representative  s  of  all  the  Parties  hereto,  to  consider  and 
if  possible  agree  upon  a  f.irther  extension  of  this  Convention  with 
such  additions  and  modifications,  if  any,  as  may  be  found  desirable. 

Article  XVII. 

This  Convention  shall  be  ratified  by  the  President  of  the  United 
States,  by  and  with  the  advice  and  consent  of  the  Senate  thereof,  by 
His  Britannic  Majesty,  by  His  Majesty  the  Emperor  of  Japan,  and 

•  See  p.  56. 


90 


by  His  ^fajesty  the  Emperor  of  all  the  Russias;  and  ratifications  shall 

he  exchanged  at  Washington  as  soon  as  practicable. 

In  faith  whereof,  the  respective  Plenipotentiaries  have  signed  this 

Convention  in  quadruplicate  and  have  hereunto  affixed  their  seals. 
Done  at  Washington  the  7th  day  of  July,  in  the  year  one  thousand 

nine  hundred  and  eleven. 

Charles  Nagel  [seal] 

Chandler  P.  Anderson     [seal] 
James  Bryce  [seal] 

Joseph  Pope  [seal] 

y.  UciiiDA  [seal] 

H,  Dauke  [seal] 

P.  BOTKINE  seal] 

NoLDE  [seal] 


MEXICO. 


1910. 

Convention  for  the  Arbitration  of  the  Chaisiizal  Case. 

Sif/))cd  at  Washington  Ju7ie  ^^  1910;  ratification  advised  hy  tlie 
^en-ate  December  1£,  1910;  ratified  hy  the  President  January  23^ 
1911;  ratified  hy  Mexico  December  ^7, 1910;  ratifications  exchanged 
at  Washington  Janua7y  £4^  1911;  proclaimed  January  25, 1911. 

Articles. 


I.  Location  of  Clianiizal  tract. 
II.  Composition     of     luteruatioual 
Boundary  Commission. 

III.  Duties. 

IV.  Representation    before    commis- 

sion. 
V.  Presentation    of    case    and    evi- 
dence. 


VI.  Expenses. 

VII.  Filling   of  vacancy   on  commis- 
sion. 
\'III.  Execution  of  award. 
IX.  Evidence. 
X.  Effect;   ratification. 


Tlie  United  States  of  America  and  the  United  States  of  Mexico, 
desiring  to  terminate,  in  accordance  with  the  various  treaties  and 
conventions  now  existing  between  the  two  countries,  and  in  accord- 
ance with  the  principles  of  international  law,  the  differences  which 
have  arisen  between  the  two  Governments  as  to  the  international  title 
to  the  Chumizal  tract,  upon  which  the  members  of  the  International 
Boundary  Commission  have  failed  to  agree,  and  having  determined 
to  refer  these  differences  to  the  said  Commission,  established  by  the 
Convention  of  1889,  which  for  this  case  only  shall  be  enlarged  as 
liereinafter  provided,  have  resolved  to  conclude  a  Convention  for 
(hat  purpose,  and  have  appointed  as  their  respective  Plenipoten- 
tiaries : 

The  President  of  the  United  States  of  America,  Philander  C. 
Knox,  Secretary  of  State  of  the  United  States  of  America ;  and 

The  President  of  the  United  States  of  Mexico,  Don  Francisco 
Leon  de  la  Barra,  Ambassador  Extraordinary  and  Plenipotentiary 
of  the  United  States  of  Mexico  at  Washington; 

AVho,  after  having  exhibited  their  respective  full  powers,  and 
Having  found  the  same  to  be  in  good  and  due  form,  have  agreed  upon 
the  following  articles: 

Article  I. 

The  Chamizal  tract  in  dispute  is  located  at  El  Paso,  Texas,  and 
Ciudad  Juarez,  Chihuahua,  and  is  bounded  westerly  and  southerly 
by  the  middle  of  the  present  channel  of  the  Kio  Grande,  otherwise 
called  Rio  Bravo  del  Norte,  easterly  by  the  middle  of  the  abandoned 
channel  of  1901,  and  northerly  by  the  middle  of  the  channel  of  the 
river  as  surveyed  by  Emory  and  Salazar  in  1852,  and  is  substantially 

(91) 


92 

as  shown  on  a  map  on  a  scale  of  1-5,000.  signed  by  General  Anson 
Mills,  Commissioner  on  the  part  of  the  United  States,  and  Senor 
Don  F.  Javier  Osorno,  Commissioner  on  the  part  of  Mexico,  wliich 
accompanies  the  report  of  the  International  Boundary  Commission, 
in  Case  No.  13,  entitled  "Alleged  Obstruction  in  the  Mexican  End 
of  the  El  Paso  Street  Railway  Bridge  and  Backwaters  Caused  by 
the  Great  Bend  in  the  River  Below."  and  on  file  in  the  archives  of 
the  two  Governments. 

Akticle  II. 

The  difference  as  to  the  international  title  of  the  Chamizal  tract 
shall  be  again  referred  to  the  International  Boundary  Commission, 
which  shall  be  enlarged  by  the  addition,  for  the  purposes  of  the  con- 
sideration and  decision  of  the  aforesaid  difference  onl}',  of  a  third 
Commissioner,  who  shall  preside  over  the  deliberations  of  the  Com- 
mission. This  Commissioner  shall  be  a  Canadian  jurist  and  shall  be 
selected  by  the  two  Governments  by  common  accord,  or,  failing  such 
agreement,  by  the  Government  of  Canada,  which  shall  be  requested  to 
designate  him.  No  decision  of  the  Commission  shall  be  perfectly 
valid  unless  the  Commission  shall  have  been  fully  constituted  by  the 
three  members  who  composed  it. 

Article  III. 

The  Commission  shall  decide  solely  and  exclusively  as  to  whether 
the  international  title  to  the  Chamizal  tract  is  in  the  United  States  of 
America  or  Mexico.  The  decision  of  the  Commission,  whether  ren- 
dered unanimously  or  by  majority  vote  of  the  Commissioners,  shall  be 
final  and  conclusive  upon  both  Governments,  and  without  appeal. 
The  decision  shall  be  in  writing  and  shall  state  the  reasons  uj^on 
which  it  is  based.  It  shall  be  rendered  within  thirty  days  after  the 
close  of  the  hearings. 

Article  IV. 

Each  Government  shall  be  entitled  to  be  represented  before  the 
Commission  b}'  an  Agent  and  such  Counsel  as  it  may  deem  necessary 
to  designate;  the  Agent  and  Counsel  shall  be  entitled  to  make  oral 
argument  and  to  examine  and  cross-examine  witnesses  and,  provided 
that  the  Commission  so  decides,  to  introduce  further  documentary 
evidence. 

Article  V. 

On  or  before  December  1,  1910,  each  Government  shall  present  to 
the  Agent  of  the  other  party  two  or  more  printed  copies  of  its  case, 
together  with  the  documentary  evidence  ujion  which  it  relies.  It 
shall  be  sufficient  for  this  purpose  if  each  Government  delivei-s  the 
copies  and  documents  aforesaid  at  the  Mexican  Embassy  at  "Washing- 
ton or  at  the  American  Embassy  at  the  City  of  Mexico,  as  the  case 
may  be,  for  transmission.  As  soon  thereafter  as  possible,  and  wnthin 
ten  days,  each  party  shall  deliver  two  printed  copies  of  its  case  and 
accompanying  documentar}'  evidence  to  each  member  of  the  Commis- 
sion. Delivery  to  the  American  and  Mexican  Commissioners  may  be 
made  at  their  offices  in  El  Paso.  Texas;  the  copies  intended  for  the 
Canadian  Commissioner  may  be  delivered  at  the  British  Embassy  at 
"Washington  or  at  the  British  Legation  at  the  City  of  Mexico. 


93 

On  or  bofore  Februai*y  1,  1911,  each  Government  may  present  to 
the  Agent  of  the  other  a  counter-case,  with  dociunonlary  evidence,  in 
answer  to  the  case  and  documentary  evidence  of  the  other  party. 
The  counter-case  shall  be  delivered  in  the  manner  provided  in  the 
foregoing  paragraph. 

The  Coanmission  shall  hold  its  first  session  in  the  city  of  El  Paso, 
State  of  Texas,  w^here  the  offices  of  the  International  Boundary  Com- 
mission are  situated,  on  March  1,  1011,  and  shall  proceed  to  the  trial 
of  the  case  with  all  convenient  speed,  sitting  either  at  El  Paso,  Texas, 
or  Ciudad  Juarez,  Chihuahua,  as  convenience  may  require.  The 
Commission  shall  act  in  accordance  w'ith  the  procedure  established  in 
the  Boundary  Convention  of  1889.  It  shall,  however,  be  empowered 
to  adopt  such  rules  and  regulations  as  it  may  deem  convenient  in  the 
course  of  the  case. 

At  the  first  meeting  of  the  three  Commissioners  each  party  shall 
deliver  to  each  of  the  Commissioners  and  to  the  Agent  of  the  other 
party,  in  duplicate,  with  such  additional  copies  as  may  be  required, 
a  printed  argument  show^ing  the  points  relied  upon  in  the  case  and 
counter-case,  and  referring  to  the  documentary  evidence  upon  which 
it  is  based.  Each  party  shall  have  the  right  to  file  such  supplemental 
printed  brief  as  it  may  deem  requisite.  Such  briefs  shall  be  filed 
within  ten  days  after  the  close  of  the  hearings,  unless  further  time 
be  granted  by  the  Commission. 

Article  VI. 

Each  Government  shall  pay  the  expenses  of  the  presentation  and 
conduct  of  its  case  before  the  Commission ;  all  other  expenses  which 
by  their  nature  are  a  charge  on  both  Governments,  including  the 
honorarium  for  the  Canadian  Commissioner,  shall  be  borne  by  the 
two  Governments  in  equal  moieties. 

Article  VII. 

In  case  of  the  temporary  or  permanent  unavoidable  absence  of  any 
f)ne  of  the  Commissioners,  his  place  will  be  filled  by  the  Government 
concerned,  except  in  the  case  of  the  Canadian  jurist.  The  latter 
under  any  like  circumstances  shall  be  replaced  in  accordance  with 
the  provisions  of  this  Convention. 

Article  VIII. 

If  the  arbitral  award  provided  for  by  this  Convention  shall  be 
favorable  to  Mexico,  it  shall  be  executed  within  the  term  of  two 
years,  which  can  not  be  extended,  and  which  shall  be  counted  from 
the  date  on  which  the  award  is  rendered.  During  that  time  the 
status  quo  shall  be  maintained  in  the  Chamizal  tract  on  the  terms 
agreed  upon  by  both  Governments. 

Article  IX. 

By  this  Convention  tlie  Contracting  Parties  declare  to  be  null  and 
void  all  previous  propositions  that  have  reciprocally  been  made  for 
the  diplomatic  settlement  of  the  Chamizal  Case;  but  each  party  shall 
be  entitled  to  put  fn  evidence  by  way  of  information  such  of  this 
official  correspondence  as  it  deems  advisable. 


94 

Article  X. 

The  present  Convention  shall  be  ratified  in  accordance  with  the 
constitutional  forms  of  the  Contractinjy  Parties  and  shall  take  effect 
from  the  date  of  the  exchange  of  its  ratifications. 

The  ratifications  shall  be  exchanged  at  Washington  as  soon  as  pos- 
sible. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  above  articles,  both  in  the  English  and  Spanish  languages,  and 
have  hereunto  affixed  their  seals. 

Done  in  duplicate  at  the  City  of  Washington,  this  24th  day  of 
June,  one  thousand  nine  hundred  and  ten. 

Philander  C  Knox     [seal] 

F.   L.   DE  LA   BaRKA  [seal] 


1910. 


Supplemental  Protocol  for  the  Arbitration  of  the  Chamizal 

Case. 

Signed  at  Washington  December  -5,  1010;  rati-ficcttion  advised  by  the 
Senate  December  12,  1910;  ratified  by  the  President  January  23, 
1911;  ratified  by  Mexico  December  27, 1910;  ratifications  exchanged 
at  Washington  January  24,  1911;  proclaimed  January  25,  1911. 

The  Plenipotentiaries  who  negotiated  and  signed  the  Convention 
of  June  24,  1910,  for  the  arbitration  of  the  Chamizal  Case,  being 
thereunto  duly  empowered  by  their  respective  Governments,  have 
agreed  upon  the  following  supplementary  protocol : 

Where  as  it  has  become  necessary,  owing  to  the  lapse  of  time,  that 
the  dates  fixed  by  Article  V  of  the  before-mentioned  Convention  be 
changed,  it  is  hereby  agreed  as  follows: 

The  date  for  the  presentation  of  the  respective  cases  and  docu- 
mentary evidence  is  fixed  for  February  15,  1911 ; 

The  date  for  the  presentation  of  the  respective  countercases  and 
documentary  evidence  is  fixed  for  April  13,  1911 ; 

The  date  for  the  first  session  of  the  Commission  is  fixed  for  May 
15,  1911. 

All  other  provisions  of  the  Convention  of  June  24,  1910,  remain 
unchanged. 

This  supplementary  protocol  shall  be  ratified  in  accordance  with 
the  constitutional  forms  of  the  Contracting  Parties  and  shall  take 
effect  from  the  date  of  the  exchange  of  its  ratifications. 

The  ratifications  of  the  Convention  and  the  supplementary  pro- 
tocol shall  be  exchanged  at  Washington  as  soon  as  possible. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  above  supplementary  protocol,  both  in  the  English  and  Spanish 
languages,  and  have  hereunto  affixed  their  seals. 

Done  in  the  City  of  Washington,  this  fifth  day  of  December,  one 
thousand  nine  hundred  and  ten. 

Philander  C.  Knox     [seal] 
F.  L.  DE  la  Barra         [seal] 


KICAKAGUA. 

1908. 

Naturalization  Convention. 

Signed  at  Managua  December  7,  1908;  ratification  advised  hy  the 
Senate  January  21^  1909;  ratified  hy  the  President  March  1,  1909; 
ratified  hy  Nicaragua  March  28,  1912;  ratifications  exchanged  at 
Managua  March  28, 1912;  'proclaimed  May  10, 1912, 

Articles. 


I.  Naturalization  recognized. 

II.  Renunciation  of  naturalization. 

III.  Declaration  of  intention. 

IV.  Liability  for  prior  offense. 


V.  Citizenship  defined. 
VI.  Duration. 
VII.  Ratification. 


The  President  of  the  United  States  of  America  and  the  President 
of  the  Republic  of  Nicaragua,  desiring  to  regulate  the  citizenship  of 
those  persons  who  emigrate  from  the  United  States  of  America  to 
Nicaragua,  and  from  Nicaragua  to  the  United  States  of  America, 
have  resolved  to  conclude  a  Convention  on  this  subject  and  for  that 
purpose  have  appointed  their  Plenipotentiaries  to  conclude  a  Con- 
vention, that  is  to  say :  the  President  of  the  United  States  of  America, 
John  Hanaford  Gregory  Jr.,  Charge  d'Affaires  ad  Interim  of  the 
United  States  at  Managua,  and  the  President  of  Nicaragua,  Rodolfo 
Espinosa  R.,  Minister  for  Foreign  Affairs,  who  having  exchanged 
their  full  powers,  found  in  good  and  due  form  have  agreed  to  and 
signed  the  following  articles. 

Article  I. 

1.  Citizens  of  the  United  States  who  have  been  or  may  be  volun- 
tarily naturalized  in  Nicaragua  in  conformity  with  the  laws  thereof, 
shall  be  considered  and  treated  by  the  Government  of  the  United 
States  as  citizens  of  Nicaragua. 

2.  Reciprocally,  citizens  of  Nicaragua  who  have  been  or  may  be 
voluntarily  naturalized  in  the  United  States  in  conformity  with  the 
Jaws  thereof,  shall  be  considered  and  treated  by  the  Government  of 
Nicaragua  as  citizens  of  the  United  States. 

Article  IT. 

1.  If  a  citizen  of  the  United  States  naturalized  in  Nicaragua  re- 
news his  residence  in  the  United  States  without  the  intention  to 

(95) 


96 

return  to  Xicaragiia,  it  shall  be  considered  that  he  has  renounced  his 
citizenship  in  Nicaragua. 

2.  Reciprocally,  if  a  citizen  of  Nicaragua  naturalized  in  the  United 
States  renews  his  residence  in  Nicaragua  without  intention  to  return 
to  tlie  United  States  it  shall  be  deemed  that  he  has  renounced  his 
citizenship  in  the  United  States. 

3.  The  intention  not  to  return  shall  be  deemed  to  exist  when  a 
person  naturalized  in  one  of  the  two  countries  resides  for  more  than 
two  years  continuously  in  the  other  country ;  however,  such  presump- 
tion may  be  destroyed  by  evidence  to  the  contrary. 

Aeticle  III. 

A  mere  declaration  of  intention  to  become  naturalized  in  either 
country  shall  not,  in  either  country,  have  the  effect  of  legally  ac- 
quired citizenship. 

Article  IV. 

Citizens  naturalized  in  one  of  the  two  countries  and  returning  to 
the  country  of  their  origin  shall  be  subject  to  trial  and  punishment 
in  the  latter  for  an}''  punishable  act  committed  before  their  emigra- 
tion, but  not  for  the  act  of  emigration  itself,  always  excepting  cases 
of  limitation  or.  any  other  remission  of  liability. 

Article  V. 

It  is  agreed  betAveen  both  parties  to  define  the  word  "  citizenship  ", 
as  used  in  this  Convention,  to  mean  the  status  of  a  person  possessing 
the  nationality  of  the  United  States  or  Nicaragua. 

Article  "VT. 

The  present  Convention  shall  be  in  force  for  a  period  of  ten  years 
from  the  date  of  the  exchange  of  ratifications.  If.  one  year  before 
the  expiration  of  this  period,  neither  of  the  parties  gives  notice  to 
the  other  that  it  shall  expire,  it  shall  continue  in  force  until  twelve 
months  after  such  notice  is  given. 

Article  VII. 

The  present  Convention  shall  be  ratified  constitutionally  by  each 
country,  and  the  ratifications  shall  be  exchanged  at  Washington  or 
at  Managua  within  two  years  from  date  at  the  latest. 

DONE  in  Managua  the  seventh  of  December  one  thousand  nine 
hundred  and  eight,  sealed  and  signed  in  two  copies  of  same  tenor 
in  English  and  Spanish. 

[seal.]  John  Hanaford  Gregory  Jr. 

[seal.]  Rodolfo  Espinosa  R. 


97 
1911. 

SUPPLEMENTARY  CONVENTION. 

Signed  at  Managua  June  17^  1911;  ratification  advised  hy  the 
Senate  August  15, 1911 ;  ratified  hy  the  President  Januanj  21^,  1912; 
ratifications  exchanged  at  Managua  March  28,  1912,  proclaimed 
May  10, 1912. 

The  President  of  the  United  States  of  America  and  the  President 
of  the  Republic  of  Nicaragua,  considering  it  expedient  to  prolong 
the  period  in  which,  by  article  VII  of  the  Naturalization  Convention 
signed  by  the  respective  plenipotentiaries  of  the  United  States  and 
Nicaragua  at  Managua  on  December  7,  1908,  the  exchange  of  the 
ratifications  of  the  said  Convention  shall  be  effected,  have  for  that 
purpose  appointed  their  respective  plenipotentiaries,  namely : 

The  President  of  the  United  States  of  America,  Elliott  Northcott, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United 
States  of  America ;  and 

The  President  of  the  Republic  of  Nicaragua,  Tomas  Martinez, 
Minister  for  Foreign  Affairs  of  the  Republic  of  Nicaragua, 

Who,  after  having  communicated  each  to  the  other  their  respective 
full  povs^ers,  which  were  found  to  be  in  good  and  due  form,  have 
agreed  to  the  following  additional  and  amendatory  article  to  be  taken 
as  a  part  of  the  said  Convention : 

Sole  Article. 

The  respective  ratifications  of  the  said  Convention  shall  be  ex- 
changed at  Washington  or  at  Managua  as  soon  as  possible  and  within 
two  years  from  December  7,  1910. 

In  faith  whereof  the  respective  plenipotentiaries  have  signed  the 
present  Supplementary  and  Amendatory  Convention  in  duplicate  in 
the  English  and  Spanish  languages  and  have  hereunto  affixed  their 
seals. 

Done  at  Managua  this  seventeenth  day  of  June,  in  the  year  of  our 
Lord  one  thousand  nine  hundred  and  eleven. 

Elliott  Northcott 
Tomas  Martinez 

[seal.] 

76844— S.  Doc.  1063,  62-^3 1 


RUSSIA. 

183S. 

By  joint  resohtfion,  a'pproved  December  21,  1911,  the  treaty  of 
commerce  and  navigation  between  the  United  States  and  R\(ssia,  con- 
cluded on  the  18th  day  of  December,  1832,  was  terminated.  The  reso- 
lution is  as  follows: 

TMiereas  the  treaty  of  commerce  and  navigation  between  the  United 
States  and  Russia,  concluded  on  the  eighteenth  day  of  December, 
eighteen  hundred  and  thirty-two,  provides  in  Article  XII  thereof 
that  it  "  shall  continue  in  force  until  the  first  day  of  January, 
in  the  year  of  our  Lord  eighteen  hundred  and  thirty-nine,  and 
if,  one  year  before  that  day,  one  of  the  high  contracting  parties 
shall  not  have  announced  to  the  other,  by  an  official  notification, 
its  intention  to  arrest  the  operation  thereof  this  treaty  shall  remain 
obligatory  one  year  beyond  that  day,  and  so  on  until  the  expira- 
tion of  the  5'ear  which  shall  commence  after  the  date  of  a  similar 
notification  ";  and 

"Whereas  on  the  seventeenth  day  of  December,  nineteen  hundred 
and  eleven,  the  President  caused  to  be  delivered  to  the  Imperial 
Russian  Government,  by  the  American  Ambassador  at  Saint  Pe- 
tersburg, an  official  notification  on  behalf  of  the  Government  of  the 
United  States,  announcing  intention  to  terminate  the  operation  of 
this  treaty  upon  the  expiration  of  the  year  commencing  on  the  first 
of  January,  nineteen  hundred  and  twelve;  and 

TNTiereas  said  treaty  is  no  longer  responsive  in  various  respects  to 
the  political  principles  and  commercial  needs  of  the  two  countries; 
and 

"V\Tiereas  the  constructions  placed  thereon  by  the  respective  con- 
tracting parties  differ  upon  matters  of  fundamental  importance  and 
interest  to  each :  Therefore  be  it 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  notice  thus  given 
by  the  President  of  the  United  States  to  the  Government  of  the  Em- 
pire of  Russia  to  terminate  said  treaty  in  accordance  with  the  terms 
of  the  treaty  is  hereby  adopted  and  ratified. 

(88) 


99 


xr. 

Payment  by  United  States. 

XII. 

Distribution     of     sealskins     by 

lUissla. 

XIII. 

Distribution     of     sealskins     by 

Japan. 

XIV. 

Distribution     of     sealskins     by 

Great  Britain. 

XV. 

Treaty    of    February    7,    1911, 

superseded. 

XVI. 

Effect;  duration. 

XVII. 

Ratification. 

1911.- 

Convention  between  the  United  States,  Great  Britain,  Russia, 
AND  Japan  for  the  Preservation  and  Protection  of  Fur  Seals, 
AND  Superseding  the  Treaty  of  February  7,  1911  [p.  52]. 

Signed  at  Washington  July  7, 1911;  ratl-fication  adoised  hy  the  Senate 
J  Illy  2^,  1911;  ratified  hy  the  President  Nooemher  2^,  1911;  ratified 
hy  Great  Britain  August  25,  1911 ;  ratified  hy  Japan  November  6, 
1911;  ratified  hy  Russia  Octoher  22,  1911,  November  1^,  1911 ;  ratifi- 
cations exchanged  at  W ashington  December  12,  1911;  proclaimed 
December  H,  1911.^ 

Abticles. 

I.  Prohibition    relative    to    pelasi'" 

sealing. 
II.  Prohibition    relative    to    use   of 
ports. 
III.  Importation  of  fur  sealskins. 
IV.  Exemption  of  Indians. 
V.  Protection  of  sea   otters. 
VI.  Legislation. 

VII.  Maintenance  of  guard  or  patrol. 
VIII.  Cooperation   for  the  prevention 
of  pelagic  sealing. 
JX.  Pelagic  sealing  defined. 
X.  Distribution  of   seals   taken   by 
United  States. 

The  United  States  of  America,  His  Majesty  the  Kins:  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  and  of  the  British  Dominions 
beyond  the  Seas,  Emperor  of  India,  His  Majesty  the  Emperor  of 
Japan,  and  His  Majesty  the  Emperor  of  all  the  Russias,  being  de- 
sirous of  adopting  effective  means  for  the  preservation  and  protection 
of  the  fur  seals  which  frequent  the  waters  of  the  North  Pacific  Ocean, 
have  resolved  to  conclude  a  Convention  for  the  purpose,  and  to  that 
end  have  named  as  their  Plenipotentiaries: 

The  President  of  the  United  States  of  America,  the  Honorable 
Charles  Nagel,  Secretary  of  Commerce  and  Labor  of  the  iJnited 
States,  and  the  Honorable  Chandler  P.  Anderson,  Counselor  of  the 
Department  of  State  of  the  United  States; 

His  Britannic  Majesty,  the  Right  Honorable  James  Brj^ce,  of  the 
Order  of  Merit,  his  Ambassador  Extraordinary  and  Plenipotentiary 
at  Washington,  and  Joseph  Pope,  Esquire,  Commander  of  the  Royal 
Victorian  Order  and  Companion  of  the  Order  of  St.  Michael  and  St. 
George,  Under  Secretary  of  State  of  Canada  for  External  Affairs; 

His  Majesty  the  Emperor  of  Japan,  Baron  Yasuya  Uchida, 
Jusammi,  Grand  Cordon  of  the  Imperial  Order  of  the  Rising  Sun, 
his  Ambassador  Extraordinary  and  Plenipotentiary  at  Washington; 
and  the  Honorable  Hitoshi  Dauke,  Shoshii.  Third  Class  of  the  Im- 
perial Order  of  the  Rising  Sun,  Director  of  the  Bureau  of  Fisheries, 
Department  of  Agriculture  and  Commerce ; 

His  Majesty  the  Emperor  of  all  the  Russias,  the  Honorable  Pierre 
Botkine,  Chamberlain  of  His  Majesty's  Court,  Envoy  Extraordinary 
and  Minister  Plenipotentiary  to  Morocco,  and  Baron  Boris  Nolde,  of 
the  Foreign  Office; 

"U.  S.  stats.,  vol.  37,  p.  409,  act  carrying  provisions  of  treaty  into  effect. 
Previously  inserted  on  page  84. 


100 

Who,  after  having  communicated  to  one  another  their  respective 
full  powers,  which  wore  found  to  be  in  due  and  proper  form,  have 
agreed  upon  the  following  articles : 

Article  I. 

The  High  Contracting  Parties  mutually  and  reciprocally  agree  that 
their  citizens  and  subjects  respectivel}^  and  all  persons  subject  to 
their  laws  and  treaties,  and  their  vessels,  shall  be  prohibited,  while 
this  Convention  remains  in  force,  from  engaging  in  pelagic  sealing 
in  the  waters  of  the  North  Pacific  Ocean,  north  of  the  thirtieth  par- 
allel of  north  latitude  and  including  the  Seas  of  Bering,  Kamchatka, 
Okhotsk  and  Japan,  and  that  every  such  person  and  vessel  oflfending 
against  such  prohibition  may  be  seized,  except  within  the  territorial 
jurisdiction  of  one  of  the  other  Powers,  and  detained  by  the  naval 
or  other  duly  commissioned  officers  of  any  of  the  Parties  to  this  Con- 
vention, to  be  delivered  as  soon  as  practicable  to  an  authorized  official 
of  their  own  nation  at  the  nearest  point  to  the  place  of  seizure,  or 
elsewhere  as  may  be  mutually  agreed  upon;  and  that  the  authorities 
of  the  nation  to  which  such  person  or  vessel  belongs  alone  shall  have 
jurisdiction  to  try  the  offense  and  impose  the  penalties  for  the  same; 
and  that  the  witnesses  and  proofs  necessary  to  establish  the  offense, 
so  far  as  they  are  under  the  control  of  any  of  the  Parties  to  this 
Convention,  shall  also  be  furnished  with  all  reasonable  promptitude 
to  the  proper  authorities  having  jurisdiction  to  try  the  offense. 

Article  II. 

Each  of  the  Pligh  Contracting  Parties  further  agrees  that  no  per- 
son or  vessel  shall  be  permitted  to  use  any  of  its  ports  or  harbors  or 
any  part  of  its  territory  for  any  purposes  whatsoever  connected  with 
the  operations  of  pelagic  sealing  in  the  waters  within  the  protected 
area  mentioned  in  Article  I. 

Article  III. 

Each  of  the  High  Contracting  Parties  further  agi'ees  that  no  seal- 
skins taken  in  the  waters  of  the  North  Pacific  Ocean  within  the  pro- 
tected area  mentioned  in  Article  I,  and  no  sealskins  identified  as  the 
species  known  as  Callorhinus  alascanus,  Callorhinus  ursinus,  and 
Callorhinus  hurilensis^  and  belonging  to  the  American,  Russian  or 
Japanese  herds,  except  such  as  are  taken  under  the  authority  of  the 
respective  Powers  to  which  the  breeding  grounds  of  such  herds  be- 
long and  have  been  officiallv  marked  and  certified  as  having  been  so 
taken,  shall  be  permitted  to  be  imported  or  brought  into  the  territory 
of  any  of  the  Parties  to  this  Convention. 

Article  IV. 

It  is  further  agreed  that  the  provisions  of  this  Convention  shall 
not  apply  to  Indians,  Ainos,  Aleuts,  or  other  aborigines  dwelling  on 
the  coast  of  the  waters  mentioned  in  Article  I,  who  carry  on  pelagic 
sealing  in  canoes  not  transported  by  or  used  in  connection  with  other 
vessels,  and  propelled  entirely  by  oars,  paddles,  or  sails,  and  manned 


101 

by  not  more  than  five  persons  each,  in  the  way  hitherto  practiced 
and  without  the  use  of  firearms;  provided  that  such  abori<rine.^  are 
not  in  the  employment  of  other  persons  or  under  contract  to  deliver 
the  skins  to  any  person. 

Article  V. 

Each  of  the  Hiffh  Contracting  Parties  agrees  that  it  will  not  permit 
its  citizens  or  subjects  or  their  vessels  to  kill,  capture  or  pursue  be- 
yond the  distance  of  three  miles  from  the  shore  line  of  its  territories 
sea  otters  in  any  part  of  the  waters  mentioned  in  Article  I  of  this 
Convention. 

Article  VI. 

Each  of  the  High  Contracting  Parties  agrees  to  enact  and  enforce 
such  legislation  as  may  be  necessary  to  make  effective  the  foregoing 
provisions  with  appropriate  penalties  for  violations  thereof. 

Article  VII. 

It  is  agreed  on  the  part  of  the  United  States,  Japan,  and  Russia 
that  each  respectively  will  maintain  a  guard  or  patrol  in  the  waters 
frequented  by  the  seal  herd  in  the  protection  of  which  it  is  especially 
interested,  so  far  as  may  be  necessary  for  the  enforcement  of  the 
foregoing  provisions. 

Article  VIII. 

All  of  the  High  Contracting  Parties  agree  to  cooperate  with  each 
other  in  taking  such  measures  as  may  be  appropriate  and  available 
for  the  purpose  of  preventing  pelagic  sealing  in  the  prohibited  area 
mentioned  in  xVrticle  I. 

Article  IX. 

The  term  pelagic  sealing  is  hereby  defined  for  the  purposes  of  this 
Convention  as  meaning  the  killing,  capturing  or  pursuing  in  any 
manner  whatsoever  of  fur  seals  at  sea. 

Article  X. 

The  United  States  agrees  that  of  the  total  number  of  sealskins 
taken  annually  under  the  authority  of  the  United  States  upon  the 
Pribilof  Islands  or  any  other  islands  or  shores  of  the  watere  men- 
tioned in  Article  I  subject  to  the  jurisdiction  of  the  United  States 
to  which  any  seal  herds  hereafter  resort,  there  shall  be  delivered  at 
the  Pribilof  Islands  at  the  end  of  each  season  fifteen  per  cent  (15%) 
gross  in  number  and  value  thereof  to  an  authorized  agent  of  the 
Canadian  Government  and  fifteen  per  cent  (15%)  gross  in  number 
and  value  thereof  to  an  authorized  agent  of  the  Japanese  Govern- 
ment; provided,  however,  that  nothing  herein  contained  shall  restrict 
the  right  of  the  United  States  at  any  time  and  from  time  to  time  to 
suspend  altogether  the  taking  of  sealskins  on  such  islands  or  shores 


102 

subject  to  its  jurisdiction,  and  to  impose  such  restrictions  and  regula- 
tions upon  the  total  number  of  skins  to  be  taken  in  any  season  and 
the  manner  and  times  and  places  of  takino;  them  as  may  seem  neces- 
sary to  protect  and  preserve  the  seal  herd  or  to  increase  its  number. 

Article  XI. 

The  United  States  further  agrees  to  pay  the  sum  of  two  hundred 
thousand  dollars  ($200,000)  to  Great  Britain  and  the  sum  of  two 
hundred  thousand  dollars  ($200,000)  to  Japan  when  this  Convention 
goes  into  effect,  as  an  advance  paj'ment  in  each  case  in  lieu  of  such 
number  of  fur-seal  skins  to  w^hich  Great  Britain  and  Japan  respec- 
tively would  be  entitled  under  the  provisions  of  this  Convention  as 
would  be  equivalent  in  each  case  to  two  hundred  thousand  dollars 
($200,000)  reckoned  at  their  market  value  at  London  at  the  date  of 
their  delivery  before  dressing  and  curing  and  less  cost  of  transporta- 
tion from  the  Pribilof  Islands,  such  market  value  in  case  of  dispute 
to  be  determined  by  an  umpire  to  be  agi'eed  upon  by  the  United 
States  and  Great  Britain,  or  by  the  United  States  and  Japan,  as  the 
case  may  be,  which  skins  shall  be  retained  by  the  United  States  in 
satisfaction  of  such  payments. 

The  United  States  further  agrees  that  the  British  and  Japanese 
share  respectively  of  the  sealskins  taken  from  the  American  herd 
under  the  terms  of  this  Convention  shall  be  not  less  than  one  thou- 
sand (1,000)  each  in  any  year  even  if  such  number  is  more  than 
fifteen  per  cent  (15%)  of  the  number  to  which  the  authorized  killing 
is  restricted  in  such  year,  unless  the  killing  of  seals  in  such  year  or 
years  shall  have  been  absolutely  prohibited  by  the  United  States  for 
all  purposes  except  to  supply  food,  clothing,  and  boat  skins  for  the 
natives  on  the  islands,  in  which  case  the  United  States  agrees  to  pay 
to  Great  Britain  and  to  Japan  each  the  sum  of  ten  thousand  dollars 
($10,000)  annually  in  lieu  of  any  share  of  skins  during  the  years 
when  no  killing  is  allowed;  and  Great  Britain  agrees,  and  Japan 
agrees,  that  after  deducting  the  skins  of  their  respective  shares,  which 
are  to  be  retained  by  the  United  States  as  above  provided  to  reim- 
burse itself  for  the  advance  payment  aforesaid,  the  United  States 
shall  be  entitled  to  reimburse  itself  for  any  annual  pajnnents  made 
as  herein  re(iuired,  by  retaining  an  additional  number  of  sealskins 
from  the  British  and  Japanese  shares  respectively  over  and  above 
the  specified  minimum  allowance  of  one  thousand  (1,000)  skins  in  any 
subsequent  year  or  years  when  killing  is  again  resumed,  until  the 
whole  number  of  skins  retained  shall  equal,  reckoned  at  their  market 
value  determined  as  above  provided  for,  the  entire  amount  so  paid, 
with  interest  at  the  rate  of  four  per  cent  (4%)  per  annum. 

If,  however,  the  total  number  of  seals  frequenting  the  United 
States  islands  in  any  year  falls  below  one  hundred  thousand  (100,- 
000),  enumerated  by  official  count,  then  all  killing,  excepting  the  in- 
considerable supply  necessary  for  the  support  of  the  natives  as  above 
noted,  may  be  suspended  without  allowance  of  skins  or  pa3^ment  of 
money  equivalent  until  the  number  of  such  seals  again  exceeds  one 
hundred  thousand  (100,000),  enumerated  in  like  manner. 


103 
Article  XII. 

It  is  agreed  on  the  part  of  Russia  that  of  the  total  number  of  i5eal- 
skins  taken  annually  upon  the  Commander  Islands,  or  any  otker 
island  or  shores  of  the  waters  defined  in  Article  I  subject  to  the  juris- 
diction of  Russia  to  which  any  seal  herds  hereafter  resort,  there  shall 
be  delivered  at  the  Commander  Islands  at  the  end  of  each  season 
fifteen  per  cent  (15%)  gross  in  number  and  vahie  thereof  to  an 
authorized  agent  of  the  Canadian  Government,  and  fifteen  per  cent 
(15%)  gross  in  number  and  value  thereof  to  an  authorized  agent  of 
the  Japanese  Government;  provided,  however,  that  nothing  herein 
contained  shall  restrict  the  right  of  Russia  at  any  time  and  from  time 
to  time  during  the  first  five  years  of  the  term  of  this  Convention  to 
suspend  altogether  the  taking  of  sealskins  on  such  islands  or  siiores 
subject  to  its  jurisdiction,  and  to  impose  during  the  term  of  this 
Convention  such  restrictions  and  regulations  upon  the  total  number 
of  skins  to  be  taken  in  any  season,  and  the  manner  and  times  and 
places  of  taking  them  as  ma}^  seem  necessary  to  preserve  and  protect 
the  Russian  seal  herd,  or  to  increase  its  number;  but  it  is  agreed, 
nevertheless,  on  the  part  of  Russia  that  during  the  last  ten  years 
of  the  term  of  this  Convention  not  less  than  five  per  cent  (5%)  of 
the  total  number  of  seals  on  the  Russian  rookeries  and  hauling 
grounds  will  be  killed  annually,  provided  that  said  five  per  cent  (5%) 
does  not  exceed  eighty-five  per  cent  (85%)  of  the  three-year-old  male 
seals  hauling  in  such  year. 

If,  however,  the  total  number  of  seals  frequenting  the  Russian 
islands  in  any  year  falls  below  eighteen  thousand  (18,000)  enumerated 
by  official  count,  then  the  allowance  of  skins  mentioned  above  and  all 
killing  of  seals  except  such  as  may  be  necessary  for  the  support  of 
the  natives  on  the  islands  may  be  suspended  until  the  number  of 
such  seals  again  exceeds  eighteen  thousand  (18,000)  enumerated  in 
like  manner. 

Article  XIII. 

It  is  agreed  on  the  part  of  Japan  that  of  the  total  number  of  seal- 
skins taken  annually  upon  Robben  Island,  or  any  other  islands  or 
shores  of  the  waters  defined  in  Article  I  subject  to  the  jurisdiction 
of  Japan  to  which  any  seal  herds  hereafter  resort,  there  shall  be  de- 
livered at  Robben  Island  at  the  end  of  each  season  ten  per  cent  (10%) 
gross  in  number  and  value  thereof  to  an  authorized  agent  of  the 
United  States  Government,  ten  per  cent  (10%)  gross  in  number  and 
value  thereof  to  an  authorized  agent  of  the  Canadian  Government, 
and  ten  per  cent  (10%)  gross  in  numljer  and  value  thereof  to  an  au- 
thorized agent  of  the  Russian  Government;  provided,  however,  that 
nothing  herein  contained  shall  restrict  the  right  of  Japan  at  any 
time  and  from  time  to  time  during  the  first  five  years  of  the  term 
of  this  Convention  to  suspend  altogether  the  taking  of  sealskins  on 
such  islands  or  shores  subject  to  its  jurisdiction,  and  to  impose  during 
the  term  of  this  Convention  such  restrictions  and  reguhitions  upon 
the  total  number  of  skins  to  be  taken  in  any  season,  and  the  manner 
and  times  and  places  of  taking  them  as  may  seem  necessary  to  jireserve 
and  protect  the  Japanese  herd,  or  to  increase  its  number;  but  it  is 


104 

a^-eed.  nevertheless,  on  the  part  of  Japan  that  during  the  last  ten 
years  of  the  term  of  this  Convention  not  less  than  five  per  cent  (5%) 
of  the  total  number  of  seals  on  the  Jai)ancse  rookeries  and  hauling 
grounds  v^'ill  be  killed  annualh^,  provided  that  said  five  per  cent 
(5%)  does  not  exceed  eighty-five  per  cent  (85%)  of  the  three-year- 
old  male  seals  hauling  in  such  year. 

If,  however,  the  total  number  of  seals  frequenting  the  Japanese 
islands  in  any  year  falls  below  six  thousand  five  hundred  (6,500) 
enumerated  by  official  count,  then  the  allowance  of  skins  mentioned 
above  and  all  killing  of  seals  exce])t  such  as  may  be  necessary  for 
the  su^jport  of  the  natives  on  the  islands  may  be  suspended  until 
the  number  of  such  seals  again  exceeds  six  thousand  five  hundred 
(6,500)  enumerated  in  like  manner. 

Article  XIV. 

It  is  agreed  on  the  part  of  Great  Britain  that  in  case  any  seal  herd 
hereafter  resorts  to  any  islands  or  shores  of  the  waters  defined  in 
Article  I  subject  to  the  jurisdiction  of  Great  Britain,  there  shall  be 
delivered  at  the  end  of  each  season  during  the  term  of  this  Conven- 
tion ten  per  cent  (10%)  gross  in  number  and  value  of  the  total  num- 
ber of  sealskins  annually  taken  from  such  herd  to  an  authorized  agent 
of  the  United  States  Government,  ten  per  cent  (lO^o)  gross  in  num- 
ber and  value  of  the  total  number  of  sealskins  annually  taken  from 
such  herd  to  an  authorized  agent  of  the  Japanese  Government,  and 
ten  per  cent  (10%)  gross  in  number  and  value  of  the  total  number  of 
sealskins  annually  taken  from  such  herd  to  an  authorized  agent  of 
the  Russian  Government. 

Article  XV." 

It  is  further  agreed  between  the  United  States  and  Great  Britain 
tliat  the  provisions  of  this  Convention  shall  supersede,  in  so  far  as 
they  are  inconsistent  therewith  or  in  duplication  thereof,  the  pro- 
visions of  the  treaty  relating  to  the  fur  seals,  entered  into  between 
the  United  States  and  Great  Britain  on  the  7th  day  of  February, 
1911. 

Article  XVI. 

This  Convention  shall  go  into  effect  upon  the  15th  day  of  Decem- 
ber, 1911,  and  shall  continue  in  force  for  a  period  of  fifteen  (15) 
years  from  that  date,  and  thereafter  until  terminated  by  twelve  (12) 
months'  written  notice  given  by  one  or  more  of  the  Parties  to  all  of 
the  others,  which  notice  may  be  given  at  the  expiration  of  fourteen 
years  or  at  any  time  afterwards,  and  it  is  agreed  that  at  any  time 
prior  to  the  termination  of  this  Convention,  upon  the  request  of  any 
one  of  the  High  Contracting  Parties,  a  conference  shall  be  held 
forthwith  between  representatives  of  all  the  Parties  hereto,  to  con- 
sider and  if  possible  agree  upon  a  further  extension  of  this  Conven- 
tion with  such  additions  and  modifications,  if  any,  as  may  be  found 
desirable. 

•See  page  56. 


105 


Article  XVII. 

Tliis  Convention  shall  be  ratified  by  the  President  of  the  United 
States,  by  and  with  the  advice  and  consent  of  the  Senate  tiiereof,  by 
His  Britannic  Majesty,  by  His  Majesty  the  Emperor  of  Jaj)an.  and 
by  His  Majesty  the  Emperor  of  all  the  Russias;  and  ratifications 
shall  be  exchanged  at  Washington  as  soon  as  practicable. 

In  faith  whereof,  the  respective  Plenipotentiaries  have  signed  this 
Convention  in  qnadrnplicate  and  have  hereunto  affixed  their  seals. 

Done  at  Washington  the  Tth  tlay  ol"  July,  in  tlie  year  one  tliousand 
nine  hundred  and  eleven. 

Charles  Nagel  [seal] 

Chandler  P.  Anderson       seal] 
James  Bryce  [seal] 

Joseph  Pope  [seal] 

Y.  Uchida  [seal] 

H.  Dauke  [seal] 

P.  BOTKINE  "seal] 

Nolde  [seal] 


SALYADOR. 

1911. 

Extradition  Convention. 

Signed  at  San  Salvador  April  18,  1911 ;  ratification  advised  hy  the 
Senate  May  22. 1911;  ratified  hy  the  President  June  S,  1911 ;  ratified 
hy  Salvador  May  11,  1911;  ratifications  exchanged  at  San  Salva- 
dor July  10, 1911;  proclaimed  July  13,  1911. 

Articles, 


IX.  Expenses. 
X.  I'roperty    in    possession    of    ac- 
cused. 
XI.  Procedure. 
XII.  Provisional  detention. 
XIII.  Assistance  of  legal  otlicers.     - 
Xn'.  Extradition  by  third  i)ower. 
XV.  Eflect;  duration;  ratification. 


I.  Delivery  of  accused. 
II.  Extraditable  offenses. 
III.  Political  offenses. 
IV.  Offense  for  which  to  be  tried. 

V.  Limitations. 
\l.  Extradition  to  be  deferred. 
VII.  Claimed  by  other  countries. 
VIII.  Xondelivery  of  citizens. 

The  United  States  of  America  and  the  Republic  of  El  Salvador 
having  judfred  it  ex])edient,  with  a  view  to  the  better  administra- 
tion of  justice  and  the  prevention  of  crime  within  their  respective 
territories  and  jurisdictions,  that  persons  charged  with  or  convicted 
of  the  crimes  and  oil'enses  hereinafter  enumerated,  and  being  fugi- 
tives from  justice,  should,  under  certain  circumstances,  be  recipro- 
cally delivered  up.  have  resolved  to  conclude  a  treaty  for  that  pur- 
pose, and  have  appointed  as  their  plenipotentiaries — 

The  President  of  the  United  States  of  America,  AVilliam  lleimke, 
Envoy  Extraordinary  and  Minister  Pleuipotontiarv  of  said  United 
States,  at  San  Salvador,  and  the  President  of  the  Eepublic  of  El 
Salvador,  Don  ]\Ianuel  Castro  Ivauifrez,  Under  Secretary  of  State  in 
the  Department  of  Foix'ign  Pelations,  who,  after  having  communi- 
cated to  each  othei-  their  respective  full  powers,  found  in  good  and 
due  form,  have  agreed  upon  and  concluded  the  following  articles: 

Article  I. 

It  is  agreed  that  the  Goverument  of  the  United  States  and  the 
Government  of  ¥A  Salvador  .shall,  upon  mutual  requisition  duly 
made  as  herein  provided,  deliver  up  to  justice  any  person  who  may 
be  charged  with,  or  may  have  bene  convicted  of  any  of  the  crimes 
specified  in  Article  II  of  this  'J'reaty  connnitted  within  the  jurisdic- 
tion of  one  of  the  Contracting  Parties,  who  shall  seek  an  asylum  or 
shall  be  found  within  the  territories  of  the  other,  provided  that  such 

(106) 


107 

surrender  shall  take  place  only  upon  such  evidence  of  criminality, 
as  accordiii<^  to  the  laws  of  the  place  where  the  fu^^itive  or  person 
so  charged  shall  be  found,  would  justify  his  apprehension  and  com- 
niituient  for  trial  if  the  crime  or  offense  had  been  there  committed. 

Article  II. 

Persons  shall  be  delivered  up  accordinj;  to  the  provisions  of  this 
Treaty,  who  shall  have  been  char*>ed  with  or  convicted  of  any  of  the 
following  crimes: 

1.  Murder,  comprehending  the  crimes  designated  by  the  terms  of 
parricide,  assassination,  manslaughter  when  voluntary;  poisoning  or 
infanticide. 

2.  The  attempt  to  commit  murder. 

3.  Rape,  abortion,  carnal  knowledge  of  children  under  the  age  of 
twelve  years. 

4.  Mayhem  and  other  wilful  mutilation  causing  disability  or  death. 

5.  Bigamy. 

6.  Arson. 

7.  Wilful  nnd  unlawful  destruction  or  obstruction  of  railroads, 
which  endangers  human  life. 

8.  Crimes  committed  at  sea: 

(a)  Piracy,  as  commonly  known  and  defined  by  the  law  of  Nations, 
or  by  Statute ; 

(b)  "Wrongfully  sinking  or  destroying  a  vessel  at  sea  or  attempting 
to  do  so; 

(c)  Mutiny  or  conspiracy  by  two  or  more  members  of  the  crew  or 
other  persons  on  board  of  a  vessel  on  the  high  seas,  for  the  purpose 
of  rebelling  against  the  authority  of  the  Captain  or  Commander  of 
such  vessel,  or  by  fraud  or  violence  taking  possession  of  such  vessel; 

(d)  Assault  on  board  ships  upon  the  high  seas  with  intent  to  do 
bodily  harm. 

9.  Burglary,  defined  to  be  the  act  of  breaking  into  and  entering 
the  house  of  another  in  the  night  time  with  intent  to  commit  a 
felony  therein. 

10.  The  act  of  breaking  into  and  entering  the  offices  of  the  Gov- 
ernment and  public  authorities,  or  the  offices  of  banks,  banking 
houses,  saving  banks,  trust  companies,  insurance  companies,  or  other 
buildings  not  dwellings,  with  intent  to  commit  a  felony  therein. 

11.  Robbery,  defined  to  be  the  act  of  feloniously  and  forcibly 
taking  from  the  person  of  another,  goods  or  money  by  violence  or  by 
putting  him  in  fear. 

12.  Forgerv  or  the  utterance  of  forged  papers. 

13.  The  forgery  or  falsification  of  the  official  acts  of  the  Govern- 
ment or  public  authority,  including  Courts  of  Justice,  or  the  uttering 
or  fraudulent  use  of  any  of  the  same. 

14.  The  fabrication  of  counterfeit  money,  whether  coin  or  paper, 
counterfeit  titles  or  coupons  of  public  debt,  created  by  National, 
State,  Provincial,  Territorial,  Local  or  Municipal  Governments, 
banknotes  or  other  instruments  of  public  credit,  counterfeit  seals, 
stamps,  dies  and  marks  of  State  or  public  administrations,  and  the 
utterance,  circulation  or  fraudulent  use  of  the  above  mentioned 
objects. 


108 

15.  Embezzlement  or  criminal  malversation  committed  within  the 
jurisdiction  of  one  or  the  other  party  by  public  officers  or  deposi- 
taries, where  the  amount  embezzled  exceeds  two  hundred  dollars  (or 
Salvadorean  equivalent). 

IG.  Embezzlement  by  any  person  or  persons  hired,  salaried  or 
employed,  to  the  detriment  of  their  employers  or  principals,  when  the 
crime  or  offence  is  punishable  by  imprisonment  or  other  corporal 
punishment  by  the  laws  of  both  countries,  and  where  the  amount 
embezzled  exceeds  two  hundred  dollars  (or  the  Salvadorean  equiva- 
lent). 

17.  Kidnapping  of  minors  or  adults,  defined  to  be  the  abduction  or 
detention  of  a  person  or  persons,  in  order  to  exact  money  from  them 
or  their  families,  or  for  any  other  unlawful  end. 

18.  Larceny,  defined  to  be  the  theft  of  effects,  personal  property, 
horses,  cattle,  or  live  stock,  or  money,  of  the  value  of  twenty-five 
dollars  (or  Salvadorean  equivalent)  or  more,  or  receiving  stolen 
property,  of  that  value,  knowing  it  to  be  stolen. 

19.  Obtaining  money,  valuable  securities  or  other  property  by 
false  pretences  or  receiving  any  monc}'^,  valuable  securities  or  other 
property  knowing  the  same  to  have  been  unlawfully  obtained,  where 
the  amount  of  money  or  the  value  of  the  property  so  obtained  or 
received  exceeds  two  hundred  dollars   (or  Salvadorean  equivalent). 

20.  Perjury  or  subornation  of  perjury. 

21.  Fraud  or  breach  of  trust  by  a  bailee,  banker,  agent,  factor, 
trustee,  executor,  administrator,  guardian,  director  or  officer  of  any 
Compan}^  or  Corporation,  or  by  any  one  in  any  fiduciary  position, 
where  the  amount  of  money  or  the  value  of  the  property  misappro- 
priated exceeds  two  hundred  dollars  (or  Salvadorean  equivalent). 

22.  Crimes  and  offences  against  the  laws  of  both  countries  for  the 
suppression  of  slavery  and  slave  trading. 

23.  The  extradition  is  also  to  take  place  for  participation  in  any 
of  the  aforesaid  crimes  as  an  accessory  before  or  after  the  fact,  pro- 
vided such  participation  be  punishable  by  imprisonment  by  the  laws 
of  both  Contracting  Parties. 

Article  III. 

The  provisions  of  this  Treaty  shall  not  import  claim  of  extradition 
for  any  crime  or  offence  of  a  political  character,  nor  for  acts  con- 
nected with  such  crimes  or  offences :  and  no  person  surrendered  by  or 
to  either  of  the  Contracting  Parties  in  virtue  of  this  Treaty  shall  be 
tried  or  punished  for  a  political  crime  or  offence.  When  the  offence 
charged  comprises  the  act  either  of  murder  or  assassination  or  of 
poisoning,  either  consummated  or  attempted,  the  fact  that  the  offence 
was  committed  or  attempted  against  the  life  of  the  Sovereign  or 
Head  of  a  foreign  State,  or  against  the  life  of  any  member  of  his 
family,  shall  not  be  deemed  sufficient  to  sustain  that  such  a  crime  or 
offence  was  of  a  political  character,  or  was  an  act  connected  with 
crimes  or  offences  of  a  political  character. 

If  any  question  shall  arise  as  to  whether  a  case  comes  within  the 
provisions  of  this  Article,  the  decisions  of  the  authorities  of  the  Gov- 
ernment on  which  the  demand  for  surrender  is  made,  or  which  may 
have  granted  the  extradition  shall  be  final. 


109 
Article  IV. 

No  person  shall  be  tried  or  punished  for  any  crime  or  ofTence  other 
than  that  for  which  he  was  surrendered  without  the  consent  of  the 
Government  whicli  surrendered  him,  which  may,  if  it  think  proper, 
require  the  production  of  one  of  the  documents  mentioned  in  Article 
XI  of  this  Treaty. 

Article  V. 

A  fugitive  criminal  shall  not  be  surrendered  under  the  provisions 
hereof,  when,  from  lapse  of  time  or  other  lawful  cause,  according  to 
the  laws  of  the  place  within  the  jurisdiction  of  which  the  crime  was 
committed,  the  criminal  is  exempt  from  prosecution  or  punishment 
for  the  olfence  for  which  the  surrender  is  asked. 

Article  VI. 

If  a  fugitive  criminal  whose  surrender  may  be  claimed  pursuant  to 
the  stipulations  hereof,  be  actually  under  prosecution,  out  on  bail  or 
in  custody,  for  a  crime  or  offence  committed  in  the  country  where 
he  has  sought  asylum,  or  shall  have  been  convicted  thereof,  his 
extradition  ma}^  be  deferred  until  such  proceedings  be  determined, 
and,  until  he  shall  have  been  set  at  liberty  in  due  course  of  law. 

Article  VII. 

If  a  fugitive  criminal  claimed  by  one  of  the  parties  hereto,  shall  be 
also  claimed  by  one  or  more  powers  pursuant  to  treaty  provisions,  on 
account  of  crimes  committed  within  their  jurisdiction,  such  criminal 
shall  be  delivered  to  that  State  whose  demand  is  first  received. 

Article  VIII. 

Under  the  stipulations  of  this  Treaty,  neither  of  the  Contracting 
Parties  shall  be  bound  to  deliver  up  its  own  citizens. 

Article  IX. 

The  expense  of  the  arrest,  detention,  examination  and  transporta- 
tion of  the  accused  shall  be  paid  by  the  Government  which  has  pre- 
ferred the  demand  for  extradition. 

Article  X. 

Everything  found  in  the  possession  of  the  fugitive  criminal  at  the 
time  of  his  arrest,  whether  being  the  proceeds  of  the  crime  or  offence, 
or  which  may  be  material  as  evidence  in  making  proof  of  the  crime, 
shall,  so  far  as  practicable,  accordino;  to  the  laws  of  either  of  the  Con- 
tracting Parties,  be  delivered  up  with  his  person  at  the  time  of  the 
surrender.  Nevertheless  the  rights  of  a  third  party  with  regard  to 
the  articles  aforesaid  shall  be  duly  respected. 


110 
Article  XI. 

The  stipulations  of  this  Treaty  shall  be  applicable  to  all  territory 
wherever  situated,  belonging  to  either  of  the  Contracting  Parties  or 
in  the  occupancy  and  under  the  control  of  either  of  them,  during 
such  occupancy  or  control. 

Requisitions  for  the  surrender  of  fugitives  from  justice  shall  be 
made  b}-  the  respective  diplomatic  agents  of  the  Contracting  Parties. 
In  the  event  of  the  absence  of  such  Agents  from  the  country  or  its 
seat  of  Government,  requisition  may  be  made  by  superior  Consular 
officers. 

It  shall  be  competent  for  such  Diplomatic  or  superior  Consular 
officers  to  ask  and  obtain  a  mandate  or  preliminary  Avarrant  of  arrest 
for  the  person  whose  surrender  is  sought,  whereupon  the  judges  and 
magistrates  of  the  two  Governments  shall  respectively  have  power 
and  authority,  upon  complaint  made  under  oath,  to  issue  a  warrant 
for  the  apprehension  of  the  person  charged,  in  order  that  he  or  she 
may  be  brought  before  such  judge  or  magistrate,  that  the  evidence  of 
criminality  may  be  heard  and  considered;  and  if.  on  such  hearing, 
the  evidence  be  deemed  sufficient  to  sustain  the  charge,  it  shall  be 
the  duty  of  the  examining  judge  or  magistrate  to  certify  the  same  to 
the  proper  executive  authority,  that  a  warrant  may  issue  for  the  sur- 
render of  the  fugitive. 

The  extradition  of  fugitives  under  the  provisions  of  this  Treaty 
shall  be  carried  out  in  the  United  States  and  in  the  Republic  of  El 
Salvador,  respectively,  in  conformity  with  the  laws  regulating  extra- 
dition for  the  time  being  in  force  in  the  State  in  which  the  request  for 
the  surrender  is  made. 

Article  XII. 

Wliere  the  arrest  and  detention  of  a  fugitive  in  the  United  States 
are  desired  on  telegraphic  or  other  information  in  advance  of  the 
presentation  of  formal  proof,  complaint  on  oath,  as  provided  by  the 
statutes  of  the  United  States,  shall  be  made  by  an  agent  of  the  Gov- 
ernment of  El  Salvador  before  a  judge  or  magistrate  authorized  to 
issue  warrants  of  arrest  in  extradition  cases. 

"SAHien,  under  the  provisions  of  this  Article,  the  arrest  and  deten- 
tion of  a  fugitive  are  desired  in  the  Republic  of  El  Salvador,  the 
proper  course  shall  be  to  apply  to  the  Foreign  Office,  which  will 
immediately  cause  the  necessary  steps  to  be  taken  in  order  to  secure 
the  provisional  arrest  or  detention  of  the  fugitive. 

The  provisional  detention  of  a  fugitive  shall  cease  and  the  prisoner 
be  released  if  a  formal  requisition  for  his  surrender  accompanied  by 
the  necessary  evidence  of  his  guilt  has  not  been  produced  under  the 
stipulations  of  this  Treaty,  within  two  months  from  the  date  of  his 
provisional  arrest  or  detention. 

Article  XIII. 

In  every  case  of  a  request  made  by  either  of  the  two  Contracting 
Parties  for  the  arrest,  detention  or  extradition  of  fugitive  criminals, 
the  legal  officers  or  fiscal  ministry  of  the  country  where  the  proceed- 


Ill 

ings  of  extradition  are  had,  shall  assist  the  officers  of  the  Government 
demanding  the  extradition  before  the  respective  judges  and  magis- 
trates, by  every  legal  means  within  their  or  its  power;  and  no  chiim 
whatever  for  compensation  for  any  of  the  services  so  rendered  shall 
be  made  against  the  Government  demanding  the  extradition,  pro- 
vided however,  that  any  officer  or  officers  of  the  surrendering  Gov- 
ernment so  giving  assistance,  who  shall,  in  the  usual  course  of  their 
duty,  receive  no  salary  or  compensation  other  than  specific  fees  for 
services  performed,  shall  be  entitled  to  receive  from  the  (ioveiTiment 
demanding  the  extradition  the  customary  fees  for  the  acts  or  services 
performed  by  them,  in  the  same  manner  and  to  the  same  amount  as 
though  such  acts  or  services  had  been  performed  in  ordinary  criminal 
proceedings  under  the  laws  of  the  country  of  which  they  are  officers. 

Article  XIV. 

The  conveyance  through  the  territories  of  either  of  the  High  Con- 
tracting Parties  of  any  person,  not  being  a  citizen  of  the  country  to  be 
passed  through,  extradited  by  a  third  Power  to  either  of  them  for 
any  of  the  crimes  specified  in  this  Treaty,  will  be  permitted  if,  in  the 
case  of  the  United  States,  the  authority  of  the  Secretary  of  State 
and,  in  that  of  El  Salvador,  that  of  the  Minister  for  Foreign  Rela- 
tions, is  first  obtained. 

Article  XV. 

This  Treaty  shall  take  effect  from  the  day  of  the  exchange  of  the 
ratifications  thereof;  but  either  Contracting  Party  may  at  any  time 
terminate  the  same  on  giving  to  the  other  six  months'  notice  of  its 
intention  to  do  so. 

The  ratifications  of  the  present  Treaty  shall  be  exchanged  at  San 
Salvador  or  at  Washington  as  soon  as  possible. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  above  Articles,  and  have  hereunto  affixed  their  seals. 

Done  in  duplicate,  at  the  City  of  San  Salvador,  this  eighteenth  day 
of  April,  one  thousand  nine  hundred  and  eleven. 

(seal.)  William  Hei:mke. 

(seal.)  M.  Castro  R. 


SWEDEN. 

1910. 

Consular  Convention. 

Signed  at  Washi7igton  June  1, 1910;  ratification  advised  hy  the  Senate 
June  13, 1910;  ratified  hy  the  President  February  27, 1911 ;  ratified 
hy  Sweden  Fehi'uai^  3,1911 ;  ratifications  exchanged  at  Washington 
March  18,  1911;  proclaimed  March  20,  1911. 

Aeticles. 


I.  Consular  officers. 
II.  Most  -  favored  -  nation      consular 
privileges. 
III.  Exemptions. 
IV.  Testimony  by  consuls. 
V.  Arms  and  flag. 
VI.  Immunities    of    officers    and    ar- 
chives. 
VII.  Acting  officers. 


VIII.  Vice  consuls  aud  agents. 
IX.  Application  to  autliorities. 
X.  Notarial  powers. 
XI.  Shipping  disputes. 
XII.  Deserters  from  ships. 

XIII.  Shipwreclcs  and  salvage. 

XIV.  Estates  of  deceased  persons. 
XV.  Duration;  ratification. 


The  President  of  the  United  States  of  America  and  His  Majesty 
the  King  of  Sweden,  being  mutually  desirous  of  defining  the  rights, 
privileges,  and  immunities  of  consular  officers  of  the  two  countrie?, 
and  deeming  it  expedient  to  conclude  a  consular  convention  for  that 
purpose,  have  accordingly  named  as  their  Plenipotentiaries: 

The  President  of  the  United  States  of  America,  Philander  C. 
Knox,  Secretary  of  State  of  the  United  States  of  America ;  and 

His  Majesty  the  King  of  Sweden,  Herman  Ludvig  Fabian  do 
Lagercrantz,  his  Envoy  Extraordinary  and  Minister  Plenipotenti- 
ary at  Washington; 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  found  to  be  in  good  and  proper  form,  have  agreed  upon 


the  following  articles 


Article  I. 


Each  of  the  High  Contracting  Parties  agrees  to  receive  from  the 
other  consuls-general,  consuls,  vice-consuls-general,  vice-consuls, 
deputy  consuls-general,  deputy  consuls,  and  consular  agents  in  all 
its  ports,  cities,  and  places,  except  those  where  it  may  not  be  con- 
venient to  recognize  such  officers.  This  reservation,  however,  shall 
not  apply  to  one  of  the  High  Contracting  Parties  without  also  ap- 
plying to  every  other  power. 

Article  II. 

The  consuls-general,  consuls,  vice-consuls-general,  vice-consuls, 
deputy  consuls-general,  deputy  consuls,  and  consular  agents  of  each 

(U2) 


113 

of  the  two  High  Contracting  Parties  shall  enjoy  reciprocally,  in  the 
States  of  the  other,  all  the  privileges,  exemptions,  and  immunities 
that  are  enjoyed  by  oflicers  oi  tlie  same  rank  and  quality  of  the  most 
favored  nation.  The  said  officers,  before  being  admitted  to  the  exer- 
cise of  their  functions  and  the  enjoyment  of  the  immunities  thereto 
pertaining,  shall  present  their  commissions  in  the  forms  established 
in  their  respective  countries.  The  Government  of  each  of  the  two 
High  Contracting  Parties  shall  furnish  the  necessary  exequatur 
free  of  charge,  and,  on  the  exhibition  of  this  instrument,  the  .«;aid 
officers  shall  be  permitted  to  enjoy  the  rights,  privileges,  and  im- 
munities granted  by  this  Convention. 

Article  III. 

Consuls-general,  consuls,  vice-consuls-general,  vice-consuls,  deputy 
consuls-general,  deputy  consuls,  and  consular  agents,  citizens  of  the 
State  by  which  they  are  appointed,  shall  be  exempt  from  arrest  ex- 
cept in  the  case  of  offenses  which  the  local  legislation  qualifies  as 
crimes  and  punishes  as  such;  they  shall  be  exempt  from  military 
l)illetings,  service  in  the  Regular  Army  or  Navy,  in  the  militia,  or 
in  the  national  guard ;  they  shall  likewise  be  exempt  from  all  direct 
taxes — national.  State,  or  municipal — imposed  upon  persons,  either 
m  the  nature  of  capitation  tax  or  in  respect  to  their  property, 
unless  such  taxes  become  due  on  account  of  the  possession  of  real 
estate,  or  for  interest  on  capital  invested  in  the  country  where  said 
officers  exercise  their  functions,  or  for  income  from  pensions  of 
public  or  private  nature  enjoyed  from  said  countr3^  This  ex- 
emption shall  not,  however,  apply  to  consuls-general,  consuls,  vice- 
consuls-general,  vice-consuls,  deputy  consuls-general,  deputy  consuls, 
or  consular  agents  engaged  in  any  profession,  business,  or  trade; 
but  the  said  officers  shall  in  such  case  be  subject  to  the  pa3'ment  of 
the  same  taxes  that  would  be  paid  by  any  other  foreigner  under  the 
like  circumstances. 

Article  IV. 

When  in  a  civil  case  a  court  of  one  of  the  two  countries  shall 
desire  to  receive  the  judicial  declaration  or  deposition  of  a  consul- 
general,  consul,  vice-consul,  or  consular  agent,  who  is  a  citizen  of 
the  State  which  appointed  him,  and  who  is  engaged  in  no  commer- 
cial business,  it  shall  request  him,  in  writing,  to  appear  before  it, 
and  in  case  of  his  inability  to  do  so  it  shall  request  him  to  give  his 
testimony  in  writing,  or  shall  visit  his  residence  or  office  to  obtain  it 
orally,  and  it  shall  be  the  duty  of  such  officer  to  comply  with  this 
request  with  as  little  delay  as  possible;  but  in  all  criminal  cases, 
contemplated  by  the  sixth  article  of  the  amendments  to  the  Consti- 
tution of  the  United  States,  whereby  the  right  is  secured  to  persons 
charged  with  crimes  to  obtain  witnesses  in  their  favor,  the  appear- 
ance in  court  of  said  consular  officers  shall  be  demanded,  with  all 
possible  regard  to  the  consular  dignity  and  to  the  duties  of  his 
office,  and  it  shall  be  the  duty  of  such  officer  to  comply  with  said 
demand.  A  similar  treatment  shall  also  be  extended  to  the  consuls 
of  the  United  States  in  Sweden,  in  the  like  cases.    - 

76844°— S.  Doc.  10G3,  62-3 8 


114 
Article  V. 

Consuls-general,  consuls,  vice-consuls-general,  vice-consuls,  deputy 
consuls-general,  deputy  consuls,  and  consular  agents  nui}^  place  over 
the  outer  door  of  their  offices  the  arms  of  their  nation,  with  this 
inscription:  Consulate-General,  or  Consulate,  or  Vice-Consulate,  or 
Consular  A^encv  of  the  United  States  or  of  Sweden. 

They  may  also  raise  the  flag  of  their  country  on  their  offices,  ex- 
cept in  the  capital  of  the  country  when  there  is  a  legation  there. 
They  may  in  like  manner  raise  the  flag  of  their  country  over  the 
boat  employed  by  them  in  the  port  and  for  the  exercise  of  their 
functions. 

Article  VI. 

The  consular  offices  shall  at  all  times  be  inviolable.  The  local 
authorities  shall  not,  under  any  pretext,  invade  them.  In  no  case 
shall  they  examine  or  seize  the  papers  there  deposited.  In  no  case 
shall  those  offices  be  used  as  places  of  asylum.  When  a  consular 
officer  is  engaged  in  other  business,  the  papers  relating  to  the  con- 
sulate shall  be  kept  separate.  Nor  shall  consular  officers  be  required 
to  produce  the  official  archives  in  court  or  to  testify  as  to  their 
contents. 

Article  VII. 

In  the  event  of  the  death,  incapacity,  or  absence  of  consuls-general, 
consuls,  vice-consuls-general,  vice-consuls,  and  consular  agents,  their 
chancellors  or  secretaries,  whose  official  character  may  have  pre- 
viously been  made  known  to  the  Department  of  State  at  Washington 
or  to  the  Ministry  for  Foreign  Affairs  in  Sweden,  may  temporarily 
exercise  their  functions,  and  while  thus  acting  shall  enjoy  all  the 
rights,  prerogativas,  and  immunities  granted  to  the  incumbents. 

Article  VIII. 

Consuls-general  and  consuls  may,  so  far  as  the  laws  of  their  coun- 
try allow,  with  the  approbation  of  their  respective  Governments, 
appoint  vice-consuls-general,  deput}^  consuls-general,  vice-consuls, 
deputy  consuls,  and  consular  agents  in  the  cities,  ports,  and  places 
within  their  consular  district.  These  agents  may  be  selected  from 
among  citizens  of  the  United  States  or  of  Sweden,  or  those  of  other 
countries.  They  shall  be  furnished  with  a  regular  commission,  and 
shall  enjoy  the  privileges  stipulated  for  consular  officers  in  this  con- 
vention, subject  to  the  exceptions  specified  in  Article  III. 

Article  IX. 

Consuls-general,  consuls,  vice-consuls-general,  vice-consuls,  and 
consular  agents  shall  have  the  right  to  address  the  authorities  whether, 
in  the  Unfted  States,  of  the  Union,  the  States,  or  the  municipalities, 
or  in  Sweden,  of  the  State,  the  Provinces,  or  the  commune,  through- 
out the  whole  extent  of  their  consular  district  in  order  to  complain 
of  any  infraction  of  the  treaties  and  conventions  between  the  United 
States  and  Sweden,  and  for  the  purpose  of  protecting  the  rights  and 


115 

interests  of  their  countrymen.  Tf  tlie  complaint  shoiilrl  not  be  satis- 
factorily redressed,  the  consular  ollicers  aforesaid,  in  the  absence 
of  a  diplomatic  agent  of  their  country,  may  apply  directly  to  the 
Government  of  the  country  where  they  exercise  their  functions. 

Article  X. 

Consuls-general,  consuls,  vice-consuls-general,  vice-consuls,  deputy 
consuls-general,  deputy  consuls,  and  consular  agents  of  the  respective 
countries  may,  as  far  as  may  be  compatible  with  the  laws  of  their 
own  country,  take  at  their  offices,  their  private  residences,  at  the  resi- 
dence of  the  parties  concerned,  or  on  board  ship,  the  depositions  of 
the  captains  and  crews  of  the  vessels  of  their  own  countiy  and  of 
passengers  thereon,  as  well  as  the  depositions  of  any  citizen  or  sub- 
ject of  their  own  country;  draw  up,  attest,  certify,  and  authenticate 
all  unilateral  acts,  deeds,  and  testamentary  dispositions  of  their  coun- 
trymen, as  well  as  all  articles  of  agreement  or  contracts  to  which  one 
or  more  of  their  countrymen  is  or  are  party;  draw  up,  attest,  certify, 
and  authenticate  all  deeds  or  written  instruments  which  have  for 
their  object  the  conveyance  or  encumbrance  of  real  or  personal  prop- 
ertv  situated  in  the  territory  of  the  country  by  which  said  consular 
officers  are  appointed,  and  all  unilateral  acts,  deeds,  testamentary  dis- 
positions, as  well  as  articles  of  agreement  or  contracts  relating  to 
property  situated  or  business  to  be  transacted  in  the  territory  of  the 
nation  by  which  the  said  consular  officers  are  appointed ;  even  in 
cases  where  said  unilateral  acts,  deeds,  testamentary  dispositions, 
articles  of  agreement,  or  contracts  are  executed  solely  by  citizens  or 
subjects  of  the  countrj'  Avithin  which  said  consular  officers  exercise 
their  functions. 

All  such  instruments  and  documents  thus  executed  and  all  copies 
and  translations  thereof,  when  duly  authenticated  by  such  consul- 
general,  consul,  vice-consul-general,  vice-consul,  deputy  consul-gen- 
eral, deputy  consul,  or  consular  agent  under  his  official  seal,  shall  be 
received  as  evidence  in  the  United  States  and  in  Sweden  as  original 
documents  or  authenticated  copies,  as  the  case  may  be,  and  shall  have 
the  same  force  and  effect  as  if  draAvn  up  by  and  executed  before  a 
notary  or  public  officer  duly  authorized  in  the  country  by  which  said 
consular  officer  was  appointed;  provided,  always,  that  they  have  been 
drawn  and  executed  in  conformity  to  the  laws  and  regulations  of  the 
country  where  they  are  intended  to  take  effect. 

Article  XI. 

The  respective  consuls-general,  consuls,  vice-consuls-general,  vice- 
consuls,  deputy  consuls-general,  deputy  consuls,  and  consular  agents 
shall  have  exclusive  charge  of  the  internal  order  of  the  merchant 
vessels  of  their  nation,  and  shall  alone  take  cognizance  of  any  dif- 
ferences whicii  may  arise,  either  at  sea  or  in  port,  between  (he  cap- 
tains, officers,  and  crews,  without  exception,  particularly  in  reference 
to  the  adjustment  of  wages  and  the  execution  of  contracts.  The 
local  authorities  shall  not  interfere,  except  when  the  disorder  that 
has  arisen  is  of  sueli  a  naturs  as  to  disturb  tranquility  and  public 
order  on  shore  or  in  the  port,  or  when  a  person  of  the  country  or 
not  belonging  to  the  crew  shall  be  concerned  therein. 


116 

In  all  other  cases  the  aforesaid  authorities  shall  confine  themselves 
to  lending  aid  to  the  said  consular  officers,  if  they  are  requested  by 
them  to  do  so,  in  causing  the  arrest  and  imprisonment  of  any  person 
whose  name  is  inscribed  on  the  crew  list  whenever,  for  any  cause, 
the  said  officers  shall  think  proper. 

Article  XII. 

The  respective  consuls-general,  consuls,  vice-consuls-general,  vice- 
consuls,  deputy  consuls-general,  deputy  consuls,  and  consular  agents 
may  cause  to  be  arrested  the  officers,  sailors,  and  all  other  persons 
making  part  of  the  crews  in  any  manner  whatever,  of  ships  of  war 
or  merchant  vessels  of  their  nation,  who  may  be  guilty,  or  be  ac- 
cused, of  having  deserted  said  ships  and  vessels,  for  the  purpose  of 
sending  them  on  board  or  back  to  their  country.  To  this  end  they 
shall  address  the  competent  local  authorities  of  the  respective  coun- 
tries, in  writing,  and  shall  make  to  them  a  written  request  for  the 
deserters,  supporting  it  by  the  exhibition  of  the  register  of  the  vessel 
and  list  of  the  crew,  or  by  other  official  documents,  to  show  that  the 
persons  claimed  belong  to  the  said  ship's  company.  Upon  such  re- 
quest thus  supported,  the  delivery  to  them  of  the  deserters  can  not  be 
refused,  unless  it  should  be  duly  proved  that  they  were  citizens  of 
the  country  where  their  extradition  is  demanded  at  the  time  of  their 
being  inscribed  on  the  crew  list.  All  the  necessary  aid  and  protec- 
tion shall  be'  furnished  for  the  pursuit,  seizure,  and  arrest  of  the  de- 
serters, who  shall  even  be  put  and  kept  in  the  prisons  of  the  country, 
at  the  request  and  expense  of  the  consular  officers,  until  there  may 
be  an  opportunity  for  sending  them  away.  If,  however,  such  an 
opportunity  should  not  present  itself  within  the  space  of  two  months, 
ceunting  from  the  day  of  the  arrest,  the  deserters  shall  be  set  at  lib- 
erty, nor  shall  they  be  again  arrested  for  the  same  cause. 

If  the  deserter  has  committed  any  misdemeanor,  and  the  court 
having  the  right  to  take  cognizance  of  the  offense  shall  claim  and 
exercise  it,  the  delivery  of  the  deserter  shall  be  deferred  until  the 
decision  of  the  court  has  been  pronounced  and  executed. 

Article  XIII. 

All  proceedings  relative  to  the  salvage  of  vessels  of  the  United 
States  wrecked  upon  the  coasts  of  Sweden,  and  of  Swedish  vessels 
wrecked  upon  the  coasts  of  the  United  States,  shall  be  directed  by 
the  consuls-general,  consuls,  vice-consuls-general,  and  vice-consuls 
of  the  two  countries,  respectively,  and  until  their  arrival  by  the 
respective  consular  agents,  wherever  an  agency  exists.  In  the  places 
and  ports  where  an  agency  does  not  exist,  the  local  authorities  until 
the  arrival  of  the  consular  officer  in  whose  district  the  wrecfc  may 
have  occurred,  and  who  shall  be  immediately  informed  of  the  occur- 
rence, shall  take  all  necessary  measures  for  the  protection  of  persons 
and  the  preservation  of  wrecked  property.  The  local  authorities 
shall  not  otherwise  interfere  than  for  the  maintenance  of  order,  the 
protection  of  the  interests  of  the  salvors,  if  these  do  not  belong  to  the 
crews  that  have  been  wrecked,  and  to  carry  into  effect  the  arrange- 
ments made  for  the  entry  and  exportation  of  the  merchandise  saved. 
It  is  understood  that  such  merchandise  is  not  to  be  subjected  to  any 


117 

custom-house  charges,  unless  it  be  intended  for  consumption  in  the 
country  where  the  wreck  may  have  taken  place. 

The  intervention  of  the  local  authorities  in  these  different  cases 
shall  occasion  no  expense  of  any  kind,  except  such  as  may  be  caused 
by  the  operations  of  salvage  and  the  preservation  of  the  goods  saved, 
together  with  such  as  would  be  incurred  under  similar  circumstances 
by  vessels  of  the  nation. 

Article  XIV. 

In  case  of  the  death  of  any  citizen  of  Sweden  in  the  United  States 
or  of  any  citizen  of  the  United  States  in  the  Kingdom  of  Sweden 
without  having  in  the  country  of  his  decease  any  known  heirs  or  testa- 
mentary executors  by  him  appointed,  the  competent  local  authorities 
shall  at  once  inform  the  nearest  consular  officer  of  the  nation  to  which 
the  deceased  belongs  of  the  circumstances,  in  order  that  the  necessary 
information  may  be  immediately  forwarded  to  parties  interested. 

In  the  event  of  any  citizens  of  either  of  the  two  Contracting  Parties 
dying  without  will  or  testament,  in  the  territory  of  the  other  Con- 
tracting Party,  the  consul-general,  consul,  vice-consul-general,  or  vice- 
consul  of  the  nation  to  which  the  deceased  may  belong,  or,  in  his 
absence,  the  representative  of  such  consul-general,  consul,  vice-consul 
general,  or  vice-consul,  shall,  so  far  as  the  laws  of  each  country  will 

f)ermit  and  pending  the  appointment  of  an  administrator  and  until 
etters  of  administration  have  been  granted,  take  charge  of  the  prop- 
erty left  by  the  deceased  for  the  benefit  of  his  lawful  heirs  and  credi- 
tors, and,  moreover,  have  the  right  to  be  appointed  as  administrator 
of  such  estate. 

It  is  understood  that  when,  under  the  provisions  of  this  article,  any 
consul-general,  consul,  vice-consul-general,  or  vice-consul,  or  the  rep- 
resentative of  each  or  either,  is  acting  as  executor  or  administrator 
of  the  estate  of  one  of  his  deceased  nationals,  said  officer  or  his  rep- 
resentative shall,  in  all  matters  connected  with,  relating  to,  or  grow- 
ing out  of  the  settlement  of  such  estates,  be  in  such  capacities  as  fully 
subject  to  the  jurisdiction  of  the  courts  of  the  country  wherein  the 
estate  is  situated  as  if  said  officer  or  representative  were  a  citizen  of 
that  country  and  possessed  of  no  representative  capacity  whatsoever. 

The  citizens  of  each  of  the  Contracting  Parties  shall  have  power 
to  dispose  of  their  personal  goods  within  the  jurisdiction  of  the  other, 
by  sale,  donation,  testament,  or  otherwise,  and  their  representatives, 
being  citizens  of  the  other  Party,  shall  succeed  to  their  personal 
goods,  whether  by  testament  or  ab  intestato,  and  they  may  in  accord- 
ance with  and  acting  under  the  provisions  of  the  laws  of  the  juris- 
diction in  which  the  property  is  found  take  possession  thereof,  either 
by  themselves  or  others  acting  for  them,  and  dispose  of  the  same  at 
their  will,  paying  such  dues  only  as  the  inhabitants  of  the  country 
wherein  such  goods  are  shall  be  subject  to  pay  in  like  cases. 

As  for  the  case  of  real  estate,  the  citizens  and  subjects  of  the  two 
Contracting  Parties  shall  be  treated  on  the  footing  of  the  most- 
favored  nation. 

Article  XV. 

The  present  convention  shall  remain  in  force  for  the  space  of  ten 
years,  counting  from  the  day  of  the  exchange  of  the  ratifications, 


118 

which  shall  be  made  in  conformity  with  the  respective  Constitutions 
of  the  two  coimtries.  and  exchanged  at  AVashington  as  soon  as  pos- 
sible within  the  period  of  one  year.  In  case  neither  Party  gives  no- 
tice, twelve  months  Ix^fore  the  expiration  of  the  said  period  of  ten 
years,  of  its  intention  not  to  renew  this  Convention,  it  shall  remain 
in  force  one  year  longer,  and  so  on,  from  3'ear  to  j^ear,  until  the  ex- 
piration of  a  year  from  the  day  on  which  one  of  the  Parties  shall 
have  given  such  notice. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  this 
Convention,  and  have  hereunto  affixed  their  seals. 

Done  in  duplicate  at  the  City  of  Washington  this  first  day  of  June, 
one  tliousand  nine  hundred  and  ten. 

[seal]  P.  C.  Knox. 

[seal]  H.  L.  F.  Lager^rantz. 


INTERNATIONAL  CONVENTIONS  AND  ACTS  TO 

WHICH  THE  UNITED  STATES  IS  A  PARTY 

AND  WHICH  ARE  IN  FORCE. 


(119) 


INTERNATIONAL  CONVRNTTONS  AND  ACTS  TO  WHICH  THE 
UNITED  STATES  IS  A  PARTY. 


1906. 

Convention. 

pecuniary  claims. 

Signed  at  Rio  de  Janeiro  August  13^  1906;  ratification  advised  hy  the 
Senate  March  2,  1907;  ratified  hy  the  President  March  IS,  1907; 
ratification  of  the  United  States  deposited  with  the  Government 
of  Brazil  April  ^3,  1907 ;  proclaimed  January  £8,  1913. 

Sole  article. 
Extension  of  the  treaty  on  pecuniary  claims  signed  at  Mexico,  January  30,  1902. 

Their  Excellencies,  the  Presidents  of  Ecuador,  Paraguay,  Bolivia, 
Colombia,  Honduras,  Panama,  Cuba,  the  Dominican  Eepublic,  Peru, 
El  Salvador,  Costa  Kica,  the  United  States  of  Mexico,  Guatemala, 
Uruguay,  the  Argentine  Republic,  Nicaragua,  the  United  States  of 
Brazil,  the  United  States  of  America,  and  Chile; 

Desiring  that  their  respective  countries  should  be  represented  at 
the  Third  International  American  Conference,  sent  thereto,  duly 
authorized  to  approve  the  recommendations,  resolutions,  conventions 
and  treaties  that  they  might  deem  convenient  for  the  interests  of 
America,  the  following  Delegates: 

Ecuador — Dr.  Emilio  Arevalo;  Olmedo  Alfaro. 

Paraguay — Manuel  Gondra;  Arsenio  Lopez  Decoud;  Gualberto 
Cardiis  y  Huerta; 

Bolivia — Dr.  Alberto  Gutierrez;  Dr.  Carlos  V.  Romero; 

Colombia — Rafael  Uribe  Uribe;  Dr.  Guillermo  Valencia; 

Honduras — Fausto  Davila ; 

Panama — Dr.  Jose  Domingo  de  Obaldia ; 

Cuba — Dr.  Gonzalo  de  Quesada;  Rafael  Montoro;  Dr.  Antonio 
Gonzdlez  Lanuza ; 

Dominican  Republic — E.  C.  Joubert ; 

Peru — Dr.  Eugenio  Larrabure  y  Unanue;  Dr.  Antonio  Miro 
Quesada;  Dr.  Mariano  Cornejo; 

El  Sahmdor — Dr.  Francisco  A.  Reyes; 

Costa  Rico — Dr.  Ascension  Esquivel ; 

United  States  of  Mexico — Dr.  Francisco  Leon  de  La  Barra;  Ri- 
cardo  Molina-Hiibbe ;  Ricardo  Garcia  Granados; 

Gvutemala — Dr.  Antonio  Batres  Jauregui ; 

Uruguay — Luis  Melian  Lafinur;  Dr.  Antonio  Maria  Rodriguez; 
Dr.  Gonzalo  Ramirez; 

(121) 


122 

Argentine  Republic — Dr.  J.  V.  Gonzalez;  Dr.  Jos6  A.  Terry;  Dr. 
Eduardo  L.  Bidau ; 

Nicaragua — Luis  F.  Corea; 

United  States  of  Brazil — Dr.  Joaqiiim  Aurelio  Nabuco  de  Aran  jo; 
Dr.  Joaquim  Francisco  de  Assis  Brasil ;  Dr.  Gastao  da  Cunha ;  Dr. 
Alfredo  de  Moraes  Gomes  Ferreira;  Dr.  Joao  Pandia  Calogeras; 
Dr.  Amaro  Cavalcanti ;  Dr.  Joaquim  Xavier  da  Silveira ;  Dr.  Jose  P. 
da  Graga  Aranha;  Antonio  da  Fontoura  Xavier; 

United  States  of  Amenca — William  I.  Buchanan ;  Dr.  L.  S.  Rowe ; 
A.  J.  Montague;  Tulio  Larrinaga;  Dr.  Paul  S.  Reinsch;  Van  Leer 
Polk. 

Chili — Dr.  Anselmo  Ilevia  Riquelme;  Joaquin  Walker  Martinez; 
Dr.  Luis  Antonio  Vergara ;  Dr.  Adolfo  Guerrero; 

A\'ho,  after  having  communicated  to  each  other  their  respective 
full  powers  and  found  them  to  be  in  due  and  proper  form,  have 
agreed,  to  celebrate  a  Convention  extending  the  Treaty  on  Pecuniary 
Claims  celebrated  in  ISIexico  on  the  thirtieth  of  January  nineteen  hun- 
dred and  two,  in  the  following  terms: 

The  High  Contracting  Parties,  animated  by  the  desire  to  extend 
the  term  of  duration  of  the  Treaty  on  pecuniary  claims,  signed  at 
Mexico,  January  thirtieth,  nineteen  hundred  and  two,  and  believing 
that,  under  present  conditions,  the  reasons  underlying  the  third 
article  of  said  Treaty  have  disappeared,  have  agreed  upon  the  follow- 

Sole  article.  The  treaty  on  pecuniary  claims,  signed  at  Mexico, 
January  thirtieth,  nineteen  hundred  and  two,  shall  continue  in  force, 
with  the  exception  of  the  third  article,  which  is  hereby  abolished, 
until  the  thirty-first  day  of  December,  nineteen  hundred  and  twelve, 
both  for  the  nations  which  have  already  ratified  it,  and  for  those 
which  may  hereafter  ratify  it." 

In  testimony  whereof  the  Plenipotenciaries  and  Delegates  have 
signed  the  present  Convention,  and  affixed  the  Seal  of  the  Third  In- 
ternational American  Conference. 

Made  in  the  city  of  Rio  de  Janeiro  the  thirteenth  of  August  nine- 
teen hundred  and  six,  in  English,  Portuguese,  and  Spanish,  and  de- 
posited with  the  Secretary  of  Foreign  Affairs  of  the  United  States  of 
Brazil,  in  order  that  certified  copies  thereof  be  made,  and  sent 
through  diplomatic  channels  to  the  signatory  States. 

For  Ecuador; 

Emilio  Arevalo. 
Olmedo  Alfaro. 


For  Paraguay: 

For  Bolivia: 
For  Colombia: 
For  Honduras: 


Manoel  Gondra. 
Arsenic  Lopez  Decoud. 

GUALBERTO  CaRDUS  T  HuERTA. 

Alberto  Gutierrez. 
Carlos  V.  Romero. 

Rafael  Uribe  Uribe. 
Guillermo  Valencia. 

Fausto  Da  VILA. 


o  See  vol.  2,  p.  2062. 


123 

For  Panamd: 

Jose  Dominoo  de  Obaldia. 

For  Cuba: 

gonzalo  de  quesada. 

Kafael  Montoro. 

Antonio  Gonzalez  Lanuza. 
For  the  Dominican  Republic: 

ElMILIO  C.  JOUBERT. 


EuGENio  Larrabure  y  Unanue, 
Antonio  Miro  Quesada. 
Mariano  Cornejo. 

Francisco  A.  Reyes. 


For  Peru : 

For  El  Salvador: 

For  Costa  Rica: 

Ascension  Esquivel. 

For  the  United  States  of  Mexico : 

Francisco  Leon  de  La  Barra. 

RiCARDO   MOLINA-HiJBBE. 

RiCARDO  Garcia  Granados. 

For  Guatemala; 

Antonio  Batres  Jauregui, 

For  Uruguay: 

Luis  Meltan  Lafinur. 

Antonio  Maria  Rodriguez, 

(jonzalo  Ramirez. 
For  the  Argentine  Republic : 

J.  V.  Gonzalez. 

Jose  A.  Terry. 

Eduardo  L.  Bidau. 

For  Nicaragua: 

Luis  F.  Corea. 
For  the  United  States  of  Brazil: 

JoAQuiM  Aurelio  Nabuco  de  Araujo. 

JoAQuiM  Francisco  de  Assis  Brasil. 

Gastao  da  Cunha. 

AlJ'REDO  DE  MoRAES  GoMES  FeRREIEA. 

Joao  Panda  Calogeras. 

Amaro  Cavalcanti, 

JoAQUi^^i  Xavier  Silveira. 

Jose  P.  da  Graqa  Aran  ha. 

Antonio  da  Fontoura  Xavier. 
•  For  the  United  States  of  America : 

William  I.  Buchanan. 

L.  S.  RowE. 

A.  J.  Montague. 

TuLio  Larrinaga, 

Paul,  S.  Reinsch. 

Van  Leer  Polk. 
For  Chili: 

AnSELMO  HeVIA  RlQUELT\rB. 

Joaquin  Walker  Martinez. 
Luis  Antonio  Vergara. 
Adolfo  Guerrero. 


124 

I  hereby  certify  that  the  above  and  foregoinsr  is  a  tnie  copy  of  a 
convention  adopted  by  the  Third  International  Conference  of  the 
American  States  held  at  Rio  de  Janeiro,  Brazil,  July  23rd  to  August 
27th,  1906. 

Done  at  Washington,  D.  C,  February  7,  A.  D.  1907. 

JOAQUIM  NaBUCO 

President  of  the  'Third  International 

Conference  of  the  Amencan  States. 

And  whereas  the  said  Convention  has  been  duly  ratified  by  the 
United  States  of  America,  (by  and  with  the  advice  and  consent  of 
the  Senate  thereof)  and  by  the  Governments  of  Colombia.  Cuba, 
Guatemala,  the  United  States  of  Mexico,  Chile,  Costa  Rica,  Nica- 
ragua, Ecuador,  Honduras,  Panama,  and  Salvador; 

Now.  therefore,  be  it  known  that  I,  "William  Howard  Taft,  Presi- 
dent of  the  United  States  of  America,  have  caused  the  said  Conven- 
tion to  be  made  public,  to  the  end  that  the  same  and  every  article  and 
clause  thereof  may  be  observed  and  fulfilled  with  good  faith  by  the 
United  States  and  the  citizens  thereof. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused 
the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  twenty-eighth  day  of  Janu- 
ary in  the  year  of  our  Lord  one  thousand  nine  hundred 
[seal]     and  thirteenth,  and  of  the  independence  of  the  United 
States  of  America  the  one  hundred  and  thirty-seventh. 

Wm  H  Taft 
By  the  President : 
P  C  Knox 

Secretary  of  State, 


1906. 

Convention. 


STATUS  OF  NATURALIZED  CITIZENS. 


Signed  at  Rio  de  Janeiro  August  13^  1906;  ratification  advised  hy 
the  Senate  January  13,  1908;  ratified  hy  the  President  January  16, 
1909;  ratification  of  the  United  States  deposited  tvith  the  Govern- 
ment of  Brazil  February  25,  1908;  proclaimed  January  28^  1913. 


Articles. 


I. 


II. 


ac- 


III.  Effect  and  duration  of  convention. 
IV.  Method  of  denunciation. 


Renunciation     of    citizenship 
quired  by  naturalization. 

Presumption  as  to  intention  not  to 
return  to  country  where  natural- 
ized. 


ESTABLISHING  THE  STATUS  OF  NATURALIZED  CITIZENS  WHO   AGAIN   TAKE 
UP  THEIR  RESIDENCE  IN  THE  COUNTRY  OF  THEIR  ORIGIN. 

Their  Excellencies,  the  Presidents  of  Ecuador,  Paraguay,  Bolivia, 
Colombia,  Honduras,  Panama,  Cuba,  Peru,  El  Salvador,  Costa  Rica, 
the  United  States  of  Mexico,  Guatemala,  Uruguay,  the  Argentine 

121 

Republic,  Nicaragua,  the  United  States  of  Brazil,  the  United  States 
of  America,  and  Chile; 

Desiring  that  their  respective  countries  should  be  represented  at 
the  Third  International  American  Conference,  sent,  thereto,  duly 
authorized  to  approve  the  recommendations,  resolutions,  conventions 
and  treaties  that  they  might  deem  convenient  for  the  interests  of 
America,  the  following  Delegates : 

Ecuador — Dr.  Emilio  Arevalo;  Olmedo  Alfaro. 

Paraguay — Manufel  Gondra;  Arsenio  Lopez  Decoud;  Gualberto 
Cardus  y  Huerta ; 

Bolivia — Dr.  Alberto  Gutierrez;  Dr.  Carlos  V.  Romero; 

Colomhia — Rafael  Uribe  Uribe;  Dr.  Guillermo  Valencia; 

Honduras — Fausto  Davila  ; 

Panama — Dr.  Jose  Domingo  de  Obaldia ; 

Guha — Dr.  Gonzalo  de  Quesada;  Rafael  Montoro;  Dr.  Antonio 
Gonzalez  Lanuza ; 

Peru — Dr.  Eiigenio  Larrabure  y  Unanue;  Dr.  Antonio  JVIiro 
Quesada;  Dr.  Mariano  Cornejo; 

El  Salrador — Dr.  Francisco  A.  Reyes; 

Costa  Pica — Dr.  Ascencion  Esquivel; 

(125) 


126 

United  States  of  .Vexico — Dr.  Francisco  Leon  de  La  Barra; 
Ricardo  Molina-Hiibbo :  Ricardo  Garcia  Granados; 

Guatemala — Dr.  Antonio  Batres  Jaureo^ui ; 

Uruguay — Luis  Melian  Lafinur;  Dr.  Antonio  Maria  Bodrio:nez; 
Dr.  Gonzalo  Ramirez; 

Argentine  Republic — Dr.  J.  V.  Gonzalez;  Dr.  Jose  A.  Terry;  Dr. 
Eduardo  L.  Bidau ; 

Nicaragua — Luis  F.  Corea ; 

United  States  of  Brazil — Dr.  Joaquim  Aurelio  Nabuco  de  Araiijo; 
Dr.  Joaquim  Francisco  de  Assis  Brasil ;  Dr.  Gastiio  da  Cunha ;  Dr. 
Alfredo  de  Moraes  Gomes  Ferreira;  Dr.  Joao  Pandia  Calogeras;  Dr. 
Amaro  Cavalcanti;  Dr.  Joaquim  Xavier  da  Silveira;  Dr.  Jose  P. 
da  Graga  Aranha ;  Antonio  da  Fontoura  Xavier; 

United  States  of  America — William  I.  Buchanan:  Dr.  L.  S.  Rowe; 
A.  J.  Montague;  Tulio  Larrinaga;  Dr.  Paul  S.  Reinsch;  Van  Leer 
Polk; 

Chill — Dr.  Anselmo  Hevia  Riquelme;  Joaquin  Walker  Martinez; 
Dr.  Luis  Antonio  Vergara ;  Dr.  Adolfo  Guerrero; 

WA\o,  after  having  communicated  to  each  otlier  their  respective 
full  powers  and  found  them  to  be  in  due  and  proper  form,  have 
agreed,  to  celebrate  a  Convention  establishing  the  status  of  natural- 
ized citizens  -who  again  take  up  their  residence  in  the  country  of 
their  origin,  in  the  following  terms: 

Art.  I.  If  a  citizen,  a  native  of  any  of  the  countries  signing  the 
present  Convention,  and  naturalized  in  another,  shall  again  take  up 
his  residence,  in  his  native  country  without  the  intention  of  returning 
to  the  country  in  which  he  has  been  naturalized,  he  will  be  considered 
as  having  reassumed  his  original  citizenship,  and  as  having  renounced 
the  citizenship  acquired  by  the  said  naturalization. 

Art.  II.  The  intention  not  to  return  will  be  presumed  to  exist 
when  the  naturalized  person  shall  have  resided  in  his  native  country 
for  more  than  two  years.  But  this  presumption  may  be  destroyed 
by  evidence  to  the  contrary. 

Art.  III.  This  Convention  will  become  effective  in  the  countries 
that  ratify  it,  three  months  from  the  dates  upon,  which  said  rati- 
fications shall  be  communicated  to  the  Government  of  the  United 
States  of  Brazil;  and  if  it  should  be  denounced  by  any  one  of  them, 
it  shall  continue  in  effect  for  one  year  more,  to  count  from  the  date 
of  such  denouncement. 

Art.  IV.  The  denouncement  of  this  Convention  by  any  one  of  the 
signatory  States  shall  be  made  to  the  Government  of  the  United 
States  of  Brazil  and  .shall  take  effect  only  with  regard  to  the  country 
that  may  make  it. 

In  testimony  whereof  the  Plenipotentiaries  and  Delegates  have 
signed  the  present  Convention,  and  affixed  the  Seal  of  the  Third  In- 
ternacional  American  Conference. 

Made  in  the  city  of  Rio  de  Janeiro  the  thirteenth  of  August  nine- 
teen hundred  and  six,  in  English,  Portuguese,  and  Spanish,  and  de- 
posited with  the  Secretary  of  Foreign  Affairs  of  the  United  States 
of  Brazil,  in  order  that  certified  copies  thereof  bo  made,  and  sent 
through  diplomatic  channels  to  the  signatory  States. 

For  Ecuador: 

Emilio  Arevalo. 
Olmedo  Alfaro, 


127 


For  Paraguay: 

For  Bolivia: 

For  Colombia: 

For  Honduras: 
For  Panama: 
For  Cuba: 

For  Peru. 

For  El  Salvarlor: 
For  Costa  Rica: 

AsCENCioN    ESQUIVEL. 

For  the  United  States  of  INIexico: 

Francisco  Leon  de  La  Barra. 

RiCARDO   MoLINA-HtJBBE. 

RiCARDo  Garcia  Granados. 


Manoel  Gondra. 
Arsenio  Lopez  Decoud. 
Gualberto  Cardus  y  Huerta* 

Alberto  Gutierrez. 
Carlos  V.  Ro.aiero. 

Rafael  Uribe  Uribe. 
GuiLLER:\ro  Valencia, 

Fatisto  Da  VILA. 

Jose  Doimingo  de  Obaldia. 

gonzalo  de  quesada. 

Rafael  Montoro. 

Antonio  Gonzalez  Lanuza. 

EuGENio  Larrabure  y  IJnanub, 
Antonio  Miro  Quesada. 
Mariano  Cornejo. 

Francisco  A,  Reyes. 


For  Guatemala: 
For  Uruguay: 


Antonio  Batres  Jauregui. 


Luis  Melian  Lafinur. 
Antonio  IMaria  Rodriguez. 

GoNZALO    Ra^MIREZ. 

For  the  Argentine  Republic: 

J.  V,  Gonzalez. 
Jose  A.  Terry. 
Eduardo  L.  Bidatj. 

For  Nicaragua: 

Luis  F.  Corea. 

For  the  United  States  of  Brazil: 

JoAQui:vr  Ax^relio  Nabuco  de  ARAUJa 

Joaquim  Francisco  de  Assis  Brasil. 

Gastao  da  Cunha. 

Alfredo  de  Moraes  Gomes  Ferreira. 

Joao  Pandia  Calogeras. 

Amaro  Cavalcanti. 

Joaquim  Xavier  da  Silvetra. 

Jose  P.  da  Graca  Aranha. 

Antonio  da  Fontoura  Xavier. 


128 

For  the  United  States  of  America: 

Willia:m  I.  Buchanan. 
L.  S.  RowE. 
A.  J.  Montague. 
TuLio  Larrinaga. 
Paul.  S.  Reinsch. 
Van  Leer  Polk. 

For  Chili: 

Anselmo  Hevia  Riquelme. 
Joaquin  AValker  Martinez. 
Luis  Antonio  Vergara. 
Adolfo  Guerrero. 

I  hereby  certify  that  the  above  and  foregoing  is  a  true  copy  of  a 
convention  adopted  by  the  Third  International  Conference  of  the 
American  States  held  at  Rio  de  Janeiro,  Brazil,  Julv  23rd  to  August 
27th.  1906. 

Done  at  Washington,  D.  C,  February  7,  A.  D.  1907. 

JOAQUIM    NaBUCO, 

President  of  the  Third  International 

Conference  of  the  American  States. 

And  whereas  the  said  Convention  has  been  duly  ratified  by  the 
United  States  of  America,  (by  and  with  the  advice  and  consent  of 
the  Senate  thereof)  and  hy  the  Governments  of  Colombia,  Chile, 
Costa  Rica,  Nicaragua,  Guatemala,  Brazil,  the  United  States  of 
Mexico,  Ecuador,  Honduras,  Panama,  Salvador,  and  the  Argentine 
Republic; 

Now.  therefore,  be  it  known  that  I,  William  Howard  Taft,  Presi- 
dent of  the  United  States  of  America,  have  caused  the  said  Conven- 
tion to  be  made  public,  to  the  end  that  the  same  and  every  article  and 
clause  thereof  may  be  observed  and  fulfilled  with  good  faith  by  the 
United  States  and  the  citizens  thereof. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  twenty-eighth  day  of  January 
in  the  year  of  our  Lord  one  thousand  nine  hundred  and 
[seal,.]     thirteen,  and  of  the  Independence  of  the  United  States  of 
America  the  one  hundred  and  thirty-seventh. 

Wm  H  Taft 
By  the  President: 
P  C  Knox 

Secretary  of  State, 


1906. 

Convention. 


INTERNATIONAL  LAW  COMMISSION. 


Signed  at  Rio  de  Janeiro  August  23, 1906;  ratification  advised  hy  the 
Senate  Fehniary  3,  1908;  ratified  by  the  President  February  5, 
1908;  proclaimed  May  1, 1912. 


Articles. 


I.  Composition     of     International 
Counnission  of  Jurists. 
II.  Notice  of  appointment  of  mem- 
bers of  commission. 
III.  First  meeting. 


IV.  Creation  of  committee. 
V.  Scope  »t  worlc. 
VI.  Expenses. 
VII.  Principles. 
VIII.  Ratification. 


Their  Excellencies,  the  Presidents  of  Ecuador,  Paraguay,  Bolivia, 
Colombia,  Honduras,  Panama,  Cuba,  Peru,  the  Dominican  Kepublic, 
El  Salvador,  Costa  Eica,  the  United  States  of  Mexico,  Guatemala, 
Urugua}-,  the  Argentine  Kepublic,  Nicaragua,  the  United  States  of 
Brazil,  the  United  States  of  America,  and  Chile; 

Desiring  that  their  respective  countries  should  be  represented  at 
the  Third  International  American  Conference,  sent,  thereto,  duly 
authorized  to  approve  the  recommendations,  resolutions,  conven- 
tions and  treaties  that  they  might  deem  convenient  for  the  interests 
of  America,  the  following  delegates: 

Ecuador — Dr.  Emilio  Arevalo;  Olmedo  Alfaro. 

Paraguay — Manuel  Gondra;  Arsenio  Lopez  Decoud;  Gualberto 
Card  us  y  Huerta  ; 

Bolivia — Dr.  Alberto  Gutierrez;  Dr.  Carlos  V.  Romero; 

Colombia — Rafael  Uribe  Uribe;  Dr.  Guillermo  Valencia; 

Honduras — Fausto  Davila. 

Panama — Dr.  Jose  Domingo  de  Obaldia. 

Ciiba — Dr.  Gonzalo  de  Quesada;  Rafael  Montoro;  Dr.  Antonio 
Gonzalez  Lanuza; 

Dominican  Republic — E.  C.  Joubert ; 

Peni — Dr.  Eugenio  Larrabure  y  Unanue;  Dr.  Antonio  IVIiro  Que- 
sada; Dr.  Mariano  Cornejo; 

El  Salvador — Dr.  Francisco  A.  Reyes ; 

Costa  Rica — Dr.  Ascencion  Esquivel ; 

United  States  of  Mexico — Dr.  Francisco  Leon  de  La  Barra;  Ri- 
eardo  Molina-Hiibbe ;  Ricardo  Garcia  Granados; 

Guatemala — Dr.  Antonio  Batres  Jauregui ; 

Uruguay— Luis  Melian  Lafinur;  Dr.  Antonio  Maria  Rodriguez; 
Dr.  Gonzalo  Ramirez; 

Argentine  Republic— Dr.  J.  V.  Gonzalez;  Dr.  Jose  A.  Terry;  Di\ 
Eduardo  L.  Bidau; 

(129) 
76844°— S.  Doc.  1063,  62-3 9 


130 

Nicaragua — Luis  F.  Corea; 

United  States  of  Brazil— Dv.  Joaquim  Aiirelio  Nabuco  de  Aran  jo; 
Dr.  Joaquim  Francisco  de  Assis  Brasil;  Dr.  Gastfit  da  Cunha ;  Dr. 
Alfredo  do  Morae.s  Gomes  Ferreira ;  Dr.  Joao  Pandia  Calogeras;  Dr. 
Amaro  Cavalcaiiti ;  Dr.  Joaquim  Xavier  da  Silveira ;  Dr.  Jose  P.  da 
Graga  Aranha;  Antonio  da  Fontoura  Xavier; 

United  States  of  America — William  I.  Buchanan;  Dr.  L.  S.  Rowe; 
A.  J.  Montague ;  Tulio  Larrinaga ;  Dr.  Paul  S.  Reinsch ;  Van  Leer 
Polk; 

ChiJi — Dr.  Anselmo  Hevia  Riquelme;  Joaquin  Walker  Martinez; 
Dr.  Luis  Antonio  Vergara;  Dr.  Adolfo  Guerrero; 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers  and  found  them  to  be  in  due  and  proper  form,  have  agreed,  to 
establish  an  international  Commission  of  Jurists,  in  the  following 
terms: 

Art.  1.  There  shall  be  established  an  international  Commission  of 
Jurists,  composed  of  one  representative  from  each  of  the  signatory 
States,  appointed  by  their  respective  Governments,  which  commission 
shall  meet  for  the  purpose  of  preparing  a  draft  of  a  Code  of  Private 
International  Law  and  one  of  Public  International  Law,  regulating 
the  relations  between  the  Nations  of  America.  Two  or  more  Govern- 
ments may  appoint  a  single  representative,  but  such  representative 
shall  have  but  one  vote. 

Art.  2.  Notice  of  the  appointment  of  the  members  of  the  Commis- 
sion shall  be  addressed  by  the  Governments  adhering  to  this  Conven- 
tion, to  the  Government  of  the  United  States  of  Brazil,  which  shall 
take  the  necessary  steps  for  the  holding  of  the  first  meeting. 

Notice  of  these  appointments  shall  be  communicated  to  the  Govern- 
ment of  the  United  States  of  Brazil  before  April  1st,  1907. 

Art.  3.  The  first  meeting  of  said  Commission  shall  he  held  in  the 
City  of  Rio  de  Janeiro  during  the  year  1907.  The  presence  of  at 
least  twelve  of  the  representatives  of  the  signatory  States  shall  be 
necessary  for  the  organization  of  the  Commission. 

Said  Commission  shall  designate  the  time  and  place  for  subsequent 
sessions,  provided,  however,  that  sufficient  time  be  allowed  from  the 
date  of  the  final  meeting  to  permit  of  the  submission  to  the  signatory 
States  of  all  drafts  or  all  important  portions  thereof  at  least  one  year 
before  the  date  fixed  for  the  Fourth  International  American  Con- 
ference. 

Art.  4.  Said  Commission  after  having  met  for  the  purpose  of  or- 
ganization and  for  the  distribution  of  the  work  to  the  members 
thereof,  may  divide  itself  into  two  distinct  committees,  one  to  con- 
sider the  preparation  of  a  draft  of  a  Code  of  Private  International 
Law,  and  the  other  for  the  preparation  of  a  Code  of  Public  Inter- 
national Law.  In  the  event  of  such  division  being  made,  the  com- 
mittees must  proceed  separately  until  they  conclude  their  duties,  or 
else  as  provided  in  the  final  clause  of  article  three. 

In  order  to  expedite  and  increase  the  efficiency  of  this  work,  both 
committees  may  request  the  Governments  to  assign  experts  for  the 
consideration  of  especial  topics.  Both  committees  shall  also  have 
the  power  to  determine  the  period  within  which  such  special  reports 
shall  be  presented. 

Art.  5.  In  order  to  determine  the  subjects  to  be  included  within  the 
scope  of  the  work  of  the  Commission,  the  Third  International  Con- 


131 

ferencc  recommends  to  the  Commissions  that  they  give  special  atten- 
tion to  the  subjects  and  principles  wliich  have  been  agreed  upon  in 
existing  treaties  and  conventions,  as  v^'ell  as  to  those  which  are  in- 
corporated in  the  national  laws  of  the  American  States,  and  further- 
more recommends  to  the  special  attention  of  the  Commission  the 
Treaties  of  Montevideo  of  1889  and  the  debates  relating  thereto,  as 
well  as  the  projects  of  conventions  adopted  at  the  Second  Interna- 
tional Conference  of  the  American  States  held  in  Mexico  in  1902, 
and  the  discussions  thereon;  also  all  other  questions  which  give 
])romiso  of  juridical  progress,  or  which  tend  to  eliminate  the  causes 
of  misunderstanding  or  conflicts  between  said  States. 

Art.  G.  The  expense  incident  to  the  preparation  of  the  drafts,  in- 
cluding the  compensation  for  technical  studios  made  pursuant  to 
article  four,  shall  be  defrayed  by  all  the  signator}?^  States  in  the  pro- 
portion and  form  established  for  the  support  of  the  International 
Bureau  of  the  American  Republics,  of  "Washington,  with  the  excep- 
tion of  the  compensation  of  the  members  of  the  Commission,  which 
shall  be  paid  to  the  representatives  by  their  respective  Governments. 
Art.  7.  The  Fourth  Internatioanl  Conference  of  the  American 
States  shall  embody  in  one  or  more  treaties,  the  principles  upon  which 
an  agreement  may  be  reached,  and  shall  endeavor  to  secure  their 
adoption  and  ratification  by  the  Nations  of  America. 

Art.  8.  The  Governments  desiring  to  ratify  this  Convention,  shall 
so  advise  the  Government  of  the  United  States  of  Brazil,  in  order 
that  the  said  Government  may  notify  the  other  Governments  through 
diplomatic  channels,  such  action  taking  the  place  of  an  exchange  of 
Notes. 

In  testimony  whereof  the  Plenipotentiaries  and  Delegates  have 
signed  the  present  Convention,  and  affixed  the  Seal  of  the  Third 
International  American  Conference. 

Made  in  the  city  of  Rio  de  Janeiro  the  twenty-third  day  of  August, 
nineteen  hundred  and  six,  in  English,  Portguese,  and  Spanish,  and 
deposited  with  the  Secretary  of  Foreign  Affairs  of  the  United  States 
of  Brazil,  in  order  that  certified  copies  thereof  be  made,  and  sent 
through  diplomatic  channels  to  the  signatory  States. 
For  Ecuador — Emilio  Arevalo,  Olmedo  AlJFaro. 
For  Paraguay — Manoel  Gondra,  Arsenio  Lopez  Decoud,  Gualberto 

Cardiis  y  Huerta. 
For  Bolivia — Alberto  Gutierrez,  Carlos  V.  Romero. 
For  Colombia — Rafael  Uribe  Uribe,  Guillermo  Valencia. 
For  Honduras — Fausto  Davila. 
For  Panama — Jose  Domingo  de  Obaldfa. 

For   Cuba — Gonzalo  de  Quesada,  Rafael  Montoro,   Antonio   Gon- 
zalez Lanuza. 
For  the  Dominican  Republic — Emilio  C.  Joubert. 
For  Peru — Eugenio  Larrabure  y  Unanue,  Antonio  Miro  Quesada. 

Mariana  Cornejo. 
For  the  United  States  of  Brazil — Joaquim  Aurelio  Nabuco  de 
Araujo,  Joaquim  Francisco  de  Assis  Brasil,  Gastao  da  Cunha, 
Alfredo  de  Moraes  Gomes  Ferreira,  Joao  Pandia  Calogeras,  Amaro 
Cavalcanti.  Joaquim  Xavier  da  Silveira,  Jose  P.  da  Graga  Aranhn, 
Antonio  da  Fontoura  Xavier. 
For  El  Salvador — Francisco  A.  Reyes. 
For  Costa  Rica — Ascension  Esquivel. 


132 

For  the  United  States  of  Mexico — Francisco  Leon  de  La  Barra, 

Ricardo  Molina-Hiibbe,  Ricardo  Garcia  Granados. 
For  Guatemala — Antonio  Batres  Jauregui. 
For   Uruguay — Luis    Melian   Lafinur,   Antonio   Maria   Rodriguez, 

Gonzalo  Ramirez. 
For  the  Argentine  Republic — J.  V.  Gonzalez,  Jose  A.  Terry,  Edu- 

ardo  L.  Bidaii. 
For  Nicaragua — Luis  F.  Corea. 
For  the  United  States  of  A:merica — William  I.  Buchanan,  L,  S. 

Rowe,  A.  J.  Montague,  Tulio  Larrinaga,  Paul  S.  Reinsch,  Van 

Leer  Polk. 
For  Chili — Anselmo  Hevia  Riquelme,  Joaquin  "Walker  Martinez, 

Luis  Antonio  Vergara,  Adolfo  Guerrero. 

I  hereby  certify  that  the  above  and  foregoing  is  a  true  copy  of  a 
convention  adopted  by  the  Third  International  Conference  of  the 
American  States  held  at  Rio  de  Janeiro,  Brazil,  July  23rd  to  August 
27th,  1906. 

Done  at  Washington,  D.  C,  February  7,  A.  D.  1907. 

JOAQUIM    NaBUCO, 

President  of  the  Third  International 

Conference  of  the  American  States. 

And  ^vhereas  the  said  Convention  has  been  duly  ratified  by  the 
United  States  of  America,  (by  and  with  the  advice  and  consent  of 
the  Senate  thereof)  and  by  the  Governments  of  the  Argentine  Repub- 
lic, Brazil,  Chile,  Colombia,  Costa  Rica,  the  Dominican  Republic, 
Ecuador,  Guatemala,  Honduras,  Mexico,  Panama,  Salvador  and 
Uruguay : 

Now,  therefore,  be  it  known  that  I,  William  Howard  Taft,  Presi- 
dent of  the  United  States  of  America,  have  caused  the  said  Con- 
vention to  be  made  public,  to  the  end  that  the  same  and  every  article 
and  clause  thereof  may  be  observed  and  fulfilled  with  good  faith  by 
the  United  States  and  the  citizens  thereof. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused 
the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  first  day  of  May  in  the  year 
of  our  Lord  one  thousand  nine  hundred  and  twelve,  and 
[seal.]     of  the  Independence  of  the  United  States  of  America  the 
one  hundred  and  thirty-sixth. 

Wm  H  Taft 
By  the  President : 

Huntington  Wilson 

Acting  Secretary  of  State, 


1910.- 

Arrangement  Between  the  United  States  and  Other  Po^vER3 
Relative  to  the  Repression  of  the  Circulation  of  Obscene 
Publications. 

Signed  at  Pans  May  4, 1910;  rati-fication  advised  hy  the  Senate  Jan- 
uai^j  13,  1911;  ratified  hy  the  President  Fehruary  4,  1911 ;  ratifica- 
tion of  the  United  States  deposited  with  the  Government  of  the 
French  Republic  March  IS,  1911;  proclaimed  April  13, 1911, 

Articles. 


I.  Establishment  or  designation  of 
authority. 
II.  Correspondence. 

III.  bulletins  of  sentences. 

IV,  Adhesion       by       non-signatory 

powers. 


V.  Effect;  denunciation. 

VI.  Ratification. 

VII.  Enforcement  in  colonies. 

VIII.  Date. 


ITranslation.] 

Arrangement  Relative  to  the  Repression  of  the  Circulation 

OF  Obscene  Publications. 

The  Governments  of  the  Powers  hereinbelow  named,  equally 
desirous  of  facilitating  within  the  scope  of  their  respective  legisla- 
tion, the  mutual  interchange  of  information  with  a  view  to  tracing 
and  repressing  offences  connected  with  obscene  publications,  have 
resolved  to  conclude  an  arrangement  to  that  end  and  have,  in  con- 
sequence, designated  their  plenipotentiaries  who  met  in  conference  at 
Paris  from  April  18  to  May  4,  1910,  and  agreed  on  the  following 
provisions : 

Article  I. 

Each  one  of  the  Contracting  Powers  undertakes  to  establish  or 
designate  an  authority  charged  with  the  duty  of 

(1)  Centralizing  all  information  which  may  facilitate  the  tracing 
and  repressing  of  acts  constituting  infringements  of  their  municipal 
law  as  to  obscene  writings,  drawings,  pictures  or  articles,  and  the 
constitutive  elements  of  which  bear  an  international  character. 

(2)  Supplying  all  infoimation  tending  to  check  the  importation  of 
publications  or  articles  referred  to  in  the  foregoing  paragraph  and 
also  to  insure  or  expedite  their  seizure  all  within  the  scope  of  munici- 
pal legislation. 

« Adhered  to  by  Denmark,  April  S,  1911;  Germany  for  all  German  colonies, 
August  25,  1911;  and  by  Canada,  September  11,  191L 

(133) 


134 

(3)  Commiinicatino:  the  laws  that  have  aheady  been  or  may  sub- 
sequently be  enacted  in  their  respective  States  in  regard  to  the  object 
of  the  present  Arrangement. 

The  Contracting  Governments  shall  mutually  make  loioAvn  to  one 
another,  through  the  Government  of  the  French  Republic,  the  author- 
ity established  or  designated  in  accordance  with  the  present  Article. 

Article  II. 

The  authority  designated  in  Article  I  shall  be  empowered  to  cor- 
respond directly  with  the  like  service  established  in  each  one  of  the 
other  Contracting  States. 

Article  III. 

The  authority  designated  in  Article  I  shall  be  bound,  if  there  be 
nothing  to  the  contrary  in  the  municipal  law  of  its  country,  to  com- 
municate bulletins  of  the  sentences  passed  in  the  said  countiy  to  the 
similar  authorities  of  all  the  other  Contracting  States  in  cases  of 
offences  coming  under  Article  I. 

Article  IV. 

Non-Signatory  States  will  be  permitted  to  adhere  to  the  present 
Arrangement.  They  shall  notify  their  intention  to  that  effect  by 
means  of  an  instrument  which  slu'.U  be  deposited  in  the  archives  of 
the  Government  of  the  French  Republic.  The  said  Government 
shall  send  through  diplomatic  channel  a  certified  copy  of  the  said 
instrument  to  each  one  of  the  Contracting  States  and  shall  at  the 
same  time  apprize  them  of  the  date  of  deposit. 

Six  months  after  that  date  the  Arrangement  will  go  into  effect 
throughout  the  territory  of  the  adhering  State  which  will  thereby 
become  a  Contracting  State. 

Article  V. 

The  present  Arrangement  shall  take  effect  six  months  after  the 
date  of  deposit  of  the  ratifications. 

In  the  event  of  one  of  the  Contracting  States  denouncing  it,  the 
denunciation  would  only  have  effect  in  regard  to  that  State. 

The  denunciation  shall  be  notified  by  an  instrument  which  shall 
be  deposited  in  the  archives  of  the  Government  of  the  French  Repub- 
lic. The  said  Government  shall  send  through  the  diplomatic  chan- 
nel a  certified  copy  thereof  to  each  one  of  the  Contracting  States 
and  at  the  same  time  apprize  them  of  the  date  of  deposit. 

Twelve  months  after  that  date  the  Arrangement  shall  cease  to  be 
in  force  throughout  the  territory  of  the  denouncing  State. 

Article  VI. 

The  present  Arrangement  shall  be  ratified  and  the  ratifications 
shall  be  deposited  at  Paris  as  soon  as  six  of  the  Contracting  States 
shall  be  in  position  to  do  so. 


135 

A  proces  verbal  of  every  deposit  of  ratifications  shall  be  drawn 
up  and  a  certified  copy  thereof  shall  be  delivered  through  the  diplo- 
matic channel  to  each  one  of  the  Contracting  States. 

Article  VII. 

Should  a  Contracting  State  wish  to  enforce  the  present  Arrange- 
ment in  one  or  more  of  its  colonies,  possessions  or  consular  court 
districts,  it  shall  notify  its  intention  to  that  effect  by  an  instrument 
which  shall  be  deposited  in  the  archives  of  the  Government  of  the 
French  Republic.  The  said  Government  shall  send  through  the  dip- 
lomatic channel  a  certified  copy  to  each  one  of  the  Contracting  States 
and  at  the  same  time  apprize  it  of  the  date  of  the  deposit. 

Six  months  after  that  date  the  Arrangement  shall  go  into  effect  in 
the  colonies,  possessions  or  consular  court  districts  specified  in  the 
instnmient  of  notification. 

The  denunciation  of  the  Arrangement  by  one  of  the  Contracting 
States  in  behalf  of  one  or  more  of  its  colonies,  possessions  or  consular 
court  districts  will  be  effected  in  the  form  and  under  the  conditions 
set  forth  in  the  first  paragraph  of  this  Article.  It  will  become  opera- 
tive twelve  months  after  the  date  of  the  deposit  of  the  instrument 
of  dontmciation  in  the  archives  of  the  Government  of  the  French 
Republic. 

Article  VIII. 

The  present  Arrangement  Avhich  will  bear  date  of  May  4,  1910, 
may  be  signed  at  Paris  until  the  following  31st  of  July  by  the  Pleni- 
potentiaries of  the  PoAvers  represented  at  the  Conference  relative  to 
the  repression  of  the  circulation  of  obscene  publications. 

Done  at  Paris,  the  fourth  day  of  May  one  thousand  nine  hundred 
and  ten  in  a  single  copy  of  which  a  certified  copy  shall  be  delivered 
to  each  one  of  the  signatory  Powers. 

For  Germany : 

^L.  s.)     Signed  Albrecht  Leutze. 

(l.  s.)     Signed  Curt  Joel. 

For  Austria  and  Hungary: 

(l.  8.)     Signed  A.  Nemes, 

Charge  (VAjfahes  of  AitstHa-Hungary. 
For  Austria: 

(l.  s.)     Signed  J.  Eichiioff, 

Austrian  Imyenal  and  Royal  Section  Counselor. 
For  Hungary : 

(l.  s.)     Signed  G.  Lers, 

Hungarian  Royal  Ministerial  Counselor. 


For  Belgium: 

rL.s.) 

(L.  S.) 

Signed 

Jules  Lejeune, 

Signed 

Isidore  Maus. 

For  Brazil : 

(L.S.) 

Signed 

J.  C.  de  Souza  Bandeira. 

For  Denmark: 

(L.8.) 

Signed 

C.  E.  CoT.n. 

136 


For  Spain: 

(l.  8.)  Signed 

For  the  United  States: 

(l.  s.)  Signed 

For  France: 

(l.  8.)  Signed 

For  Great  Britain: 

fL.  s.^  Signed 

IL.  s.)  Signed 

(l.  s.)  Signed 

For  Italy : 

^L.  s.)  Signed 

(l.  s.)  Signed 

For  the  Netherlands : 

^L.  s.)  Signed 

(l.  s.)  Signed 

For  Portugal: 

(l.  s.)  Signed 

For  Russia : 

(l..  s.)  Signed 

(l.  s.)  Signed 

For  Switzerland: 

(l.  s.)  Signed 


OCTAVTO  CUARTERO. 

A.    BaILLY-BlAK  CHARD, 

R.  Berenger. 

E.  W.  Farnall. 

F.  S.  Bullock. 

G.  A.   AlTKEN. 

j.  c.  buzzatti. 
Gerolamo  Calvi. 

A.  DE  Stuers, 
Rethaan  Macare. 

Count  de  Souza  Roza. 

Alexis  de  Bellegardb. 
Wladimir  Derugiksky, 

Laedy, 


1911. 


I. 

Vessels   subject    to    provisions 
of  convention. 

XII 

II. 

Remuneration. 

XIII 

III. 

Persons  entitled   to  remunera- 
tion. 

IV. 

Kight  of  tug  to  remuneration. 

XIV 

V. 

Remuneration  in  case  vessels 
belong  to  same  owner. 

VI. 

Remuneration    to   be  fixed   by 
parties  or  court. 

XV. 

VII. 

Annullment  of  agreement. 

XVI 

VIII. 

Circumstances     govern     remu- 
neration fixed  by  court. 

XVII 

IX. 

Exemption  of  persons  saved. 

XVIII. 

X.  Limitation  of  actions. 

XIX. 

XI. 

Assistance   to  be  rendered  by 
master. 

International  Convention  for  the  Unification  of  Certain 
Rules  of  Law  with  Respect  to  Assistance  and  Salvage  at 
Sea.<» 

Signed  at  Brussels  September  23,  1910;  ratification  advised  hy  the 
Senate  January  18,  1912;  ratified  by  the  President  March  14, 
1912;  ratification  of  the  United  States  deposited  with  the  Govern- 
ment of  Belgium  January  25,  1913;  deposit  of  ratifications  closed 
February  1,  1913;  convention  effective  March  1,  1913;  proclaimed 
February  13,  1913. 

Articles. 

Notice  of  existing  or  proposed 
legislation. 

Scope  of  convention  respect- 
ing national  laws  or  inter- 
national  treaties. 

Exemption  of  ships  of  war 
and  ships  devoted  to  public 
service. 

Application  of  provisions  as  to 
all  persons. 

Call  for  new  conference. 

Adhesion  by  non-signatory 
powers. 

Duration,  ratification. 

Denunciation. 


[Translation.] 

Convention  for  the  Unification  of  Certain  Rules  with  Respect 
TO  Assistance  and  Salvage  at  Sea. 

His  Majesty  the  German  Emperor,  King  of  Prussia,  in  the  name 
of  the  German  Empire;  the  President  of  the  Argentine  Republic; 
His  Majesty  the  Emperor  of  Austria,  King  of  Bohemia,  etc.  and 
Apostolic  King  of  Hungary;  His  Majesty  the  King  of  the  Belgians; 
the  President  of  the  United  States  of  Brazil;  the  President  of  the 
Republic  of  Chili;  the  President  of  the  Republic  of  Cuba;  His 
Majesty  the  King  of  Denmark;  His  Majesty  the  King  of  Spain; 
the  President  of  the  United  States  of  America;  the  President  of 
the  French  Republic;  His  Majesty  the  King  of  the  United  Kingdom 
of  Great  Britain  and  Ireland  and  of  the  British  Dominions  beyond 
the  Seas,  Emperor  of  India;  His  Majesty  the  King  of  the  Hellenes; 
His  Majesty  the  King  of  Italy;  His  Majesty  the  Emperor  of  Japan; 
the  President  of  the  United  Mexican  States;  the  President  of  the 
Republic  of  Nicaragua;  His  Majesty  the  King  of  Norway;  Her 
Majesty  the  Queen  of  the  Netherlands;  His  Majesty  the  King  of 
Portugal  and  of  the  xVlgarves;  His  Majesty  the  King  of  Roumania; 
His  Majesty  the  Emperor  of  all  the  Russias;  His  Majesty  the  King 
of  Sweden ;  the  President  of  the  Republic  of  Uruguay, 

•Act  carrying  treaty  into  effect  see  U.  S.  Stats.,  vol.  37,  p.  242. 

(137) 


138 

Having  recognized  the  utility  of  establishing  in  common  accord 
certain  uniform  rules  with  respect  to  Assistance  and  Salvage  at  Sea, 
have  decided  to  conclude  a  Convention  to  that  efi'ect  and  appointed 
as  their  Plenipotentiaries,  to  wit: 

His  Majesty  the  German  Emperor,  King  of  Prussia,  in  the  name 
of  the  German  Empire  : 

Mr.  Kracker  von  Schwartzenfeldt,  Charge  d' Affaires  of  Germany 
at  Brussels. 

Dr.  Struckmann,  Regency  High  Privy  Councillor,  reporting  Coun- 
sellor at  the  Department  of  Justice. 

The  President  of  the  Argentine  Republic: 

His  Excellency  A.  Blancas,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  the  Argentine  Republic  near  the  King  of  the 
Belgians. 

His  Majesty  the  Emperor  of  Austria,  King  of  Bohemia,  &c,  and 
Apostolic  King  of  Hungary: 

For  Austria  and  Hungary: 

His  Excellency  Count  von  Clary  and  Aldringen. 

His  Envoy  Extraordinary  and  Minister  Plenipotentiary  near  the 
King  of  the  Belgians. 

For  Austria: 

Dr.  Stephen  Warms,  Section  Counsellor  at  the  Imperial  and  Royal 
Austrian  ^Ministry  of  Commerce. 

For  Hungary: 

Dr.  Francois  de  Nagy,  Secretary  of  State  on  the  retired  list,  Ordi- 
nary Professor  at  the  Royal  I^niversity  of  Budapest,  Member  of  the 
Hungarian  Chamber  of  Deputies. 

His  Majesty  the  King  of  the  Belgians: 

Mr.  Beernaert,  Minister  of  State,  President  of  the  International 
Maritime  Committee. 

'Slv.  Capelle,  Envoy  Extraordinary  and  Minister  Plenipotentiary; 
Director  General  of  Trade  Relations  and  the  Consular  Service  at 
the  Ministry  of  Foreign  Affairs. 

Mr.  Ch.  Le  Jeune,  Vice  President  of  the  International  Maritime 
Committee. 

Mr.  Louis  Franck,  Member  of  the  House  of  Representatives,  Secre- 
tary General  of  the  International  Maritime  Committee. 

Mr.  P.  Segers,  Member  of  the  House  of  Representatives. 

The  President  of  the  United  States  of  Brazil: 

Dr.  Roderigo  Octavio  de  Langgaard  Menezes,  Professor  of  the 
Free  Faculty  of  juridicial  and  social  Sciences  of  Rio  de  Janeiro, 
IMember  of  the  Brazilian  Academy. 

The  President  of  the  Republic  of  Chile : 

His  Excellency  F.  Puga-Borne,  Envoy  Extraordinary  and  Min- 
ister Plenipotentiary  of  the  Republic  of  Chile  near  His  Majesty  the 
King  of  the  Belgians. 

The  President  of  the  Republic  of  Cuba : 

Mr.  Francisco  Zayas  y  Alfonso,  Minister  Resident  of  the  Republic 
of  Cuba  at  Brussels. 

His  Majesty  the  King  of  Denmark: 

Mr.  W.  de  Grevenkop  Castenskiold,  Minister  Resident  of  Den- 
mark at  Brussels. 

Mr.  Herman  Barclay  Halkier,  member  of  the  bar  of  the  Supreme 
Court  of  Denmark. 


139 

His  Majesty  the  King  of  Spain: 

His  Excellency  de  Baguer  y  Corsi,  His  Envoy  Extraordinary  and 
Minister  Plenipotentiary  near  His  Majesty  the  King  of  the  Belgians. 

Don  Juan  Spottorno,  Auditor  General  of  the  Royal  Navy. 

Don  Ramon  Sanchez  Ocana,  Chief  of  Division  of  the  Ministi*y  of 
Justice,  foniier  Magistrate  of  the  territorial  audiencia  court. 

Don  Faustino  Alvarez  del  Manzano,  Professor  of  the  Central  Uni- 
versity of  Madrid. 

The  President  of  the  United  States  of  America : 

INfr.  Walter  C.  Noyes,  Judge  of  the  Circuit  Court  of  the  United 
States  at  New  York. 

Mr.  Charles  C.  Burlingham,  Attorney  at  law,  of  New  York. 

Mr.  A.  J.  Montague,  former  Governor  of  the  State  of  Virginia. 

Mr.  Edwin  W.  Smith,  attorney  at  law  of  Pittsburg. 

The  President  of  the  French  Republic : 

His  Excellency  Beau,  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary of  the  French  Republic  near  His  Majesty  the  King  of  the 
Belgians. 

Mv.  Lyon-Caen,  member  of  the  Institute,  Professor  of  the  Faculty 
of  law  of  Paris  and  of  the  School  of  Political  Science,  President  of 
the  French  Association  of  Maritime  Law. 

His  Majesty  the  King  of  the  United  Kingdom  of  Great  Britain 
and  Ireland  and  of  the  British  Dominions  beyond  the  Seas.  Emperor 
of  India : 

His  Excellency  Sir  Arthur  Hardinge,  K.  C.  B.,  K.  C.  M.  G.,  His 
Envoy  Extraordinary  and  Minister  Plenipotentiary  near  His  Maj- 
esty the  King  of  the  Belgians. 

The  Honorable  Sir  William  Pickford,  Justice  of  the  High  Court 
of  London. 

Mr.  Leslie  Scott,  King's  counsel,  of  London. 

The  Honorable  Hugh  Godley,  barrister,  of  London. 

His  Majesty  the  King  of  the  Hellenes : 

Mr.  George  Diobouniotis,  Professor  of  the  University  of  Athens. 

His  Majesty  the  King  of  Italy: 

Prince  de  Castagneto  Caracciolo,  Charge  d'Affaires  of  Italy  at 
Brussels. 

Mr,  Francois  Berlingieri,  Attorney  at  Law,  Professor  of  the  Uni- 
versity of  Genoa. 

Mr.  Francois  Mirelli,  Councillor  of  the  Court  of  Appeals  of  Naples. 

Mr.  Cesar  Vivante,  Professor  of  the  University  of  Rome. 

His  Majesty  the  Emperor  of  Japan : 

His  Excellency  K.  Nakeshima,  His  Envoy  Extraordinary  and 
Minister  Plenipotentiary  near  His  Majesty  the  King  of  the  Belgians. 

Mr.  Yoshiyuki  Irie,  Attorney  and  Counselor  of  the  Ministry  of 
Justice  of  Japan. 

Mr.  Takeyuki  Ishikawa,  Chief  of  the  Division  of  Maritime  Affairs 
at  the  Office  of  Communications  of  Japan. 

Mr.  M.  Matsuda,  Second  Secretary  of  the  Legation  of  Japan  at 
Brussels. 

The  President  of  the  United  Mexican  States: 

His  Excellency  Olarte,  Envoy  Extraordinary  and  Minister  Pleni- 
potentiary of  the  United  Mexican  States  near  His  Majesty  the  King 
of  the  Belgians. 

Mr.  Victor  Manuel  Castillo,  lawyer,  Member  of  the  Senate. 


140 

The  President  of  the  Republic  of  Nicaragua: 

!Mr.  L.  Vallez,  Consul  General  of  the  Kepublic  of  Nicaragua  at 
Brussels. 

His  Majesty  the  King  of  Norway : 

His  Excellency  Dr.  G.  F.  Hagerup,  His  Envoy  Extraordinary  and 
Minister  Plenipotentiary  near  His  Majesty  the  King  of  the  Belgians. 

Mr.  Christian  Theodor  Boe,  Ship  owner. 

Her  Majesty  the  Queen  of  the  Netherlands: 

Jonkheer  P.  R.  A.  Melvill  van  Carnbee,  Charge  d'AfTaires  of  the 
Netherlands  at  Brussels. 

Mr.  W.  L.  P.  A.  Molengraaf,  L.  L.  D.,  Professor  of  the  University 
of  Utrecht. 

Mr.  B.  C.  J.  Loder,  L.  L.  D.,  Councillor  of  the  Court  of  Cassation 
of  The  Hague. 

Mr.  C.  D.  Asser,  Jr.,  L.  L.  D.,  Attorney  at  Law  of  Amsterdam. 

His  ]\Iajesty  the  King  of  Portugal  and  of  the  Algarv^es: 

Mr.  Antonio  Duarte  de  Oliveria  Soares,  Charge  d'Alfaires  of  Por- 
tugal at  Brussels. 

His  Majesty  the  King  of  Roumania: 

His  Excellency  Djuvara,  His  Envoy  Extraordinary  and  Minister 
Plenipotentiary  near  His  Majesty  the  King  of  the  Belgians. 

His  Majesty  the  Emperor  of  all  the  Russias: 

Mr.  C.  Nabokoff,  First  Secretary  of  the  Embassy  of  Russia  at 
Washington. 

His  Majesty  the  King  of  Sweden: 

His  Excellency  Count  J.  J.  A.  Ehrensvard.  His  Envoy  Extraordi- 
nary and  Minister  Plenipotentiaiy  near  His  Majesty  the  King  of  the 
Belgians. 

Mr.  Einar  Lange,  Manager  of  the  Steamship  Insurance  Society  of 
Sweden. 

The  President  of  the  Republic  of  Uruguay: 

His  Excellency  Luis  Garabelli,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  the  Republic  of  Uruguay  near  His  Majesty  the 
King  of  the  Belgians. 

Who,  duly  authorized  thereto,  have  agreed  upon  the  following: 

Article  1. 

Assistance  and  salvage  of  seagoing  vessels  in  danger  of  any 
things  on  board,  of  freight  and  passage  money,  and  also  services  of 
the  same  nature  rendered  to  each  other  by  seagoing  vessels  and  vessels 
of  inland  navigation  are  subject  to  the  following  provisions,  without 
any  distinction  being  drawn  between  the  two  kinds  of  service  and  in 
whatever  waters  the  services  have  been  rendered. 

Article  2. 

Every  act  of  assistance  or  salvage  which  has  had  a  useful  result 
gives  a  right  to  equitable  remuneration. 

No  remuneration  is  due  if  the  services  rendered  have  no  beneficial 
result. 

In  no  case  shall  the  sum  to  be  paid  exceed  the  value  of  the  prop- 
erty salved. 


141 

Article  3. 

Persons  who  have  taken  part  in  salvage  operations,  notwithstand- 
ing the  express  and  reasonable  prohibition  on  the  part  of  the  vessel 
to  which  services  were  rendered,  have  no  right  to  any  remuneration. 

Article  4. 

A  tug  has  no  right  to  remuneration  for  assistance  to  or  salvage 
of  the  vessel  she  is  towing  or  of  the  vessel's  cargo  except  where  she 
has  rendered  exceptional  services  which  can  not  be  considered  as 
rendered  in  fulfilment  of  the  contract  of  towage. 

Article  5. 

Remuneration  is  due  notwithstanding  that  the  salvage  services 
have  been  rendered  by  or  to  vessels  belonging  to  the  same  owner. 

Article  6. 

The  amount  of  remuneration  is  fixed  by  agreement  between  the 
parties,  and,  failing  agreement,  by  the  court. 

The  proportion  in  which  the  remuneration  is  to  be  distributed 
among  the  salvors  is  fixed  in  the  same  manner. 

The  apportionment  of  the  remuneration  among  the  owner,  master, 
and  other  persons  in  the  service  of  each  salving  vessel  is  determined 
by  the  law  of  the  vessel's  flag. 

Article  7. 

Every  agreement  as  to  assistance  or  salvage  entered  into  at  the 
moment  and  under  the  influence  of  danger  can,  at  the  request  of 
either  party,  be  annulled  or  modified  by  the  court  if  it  considers  that 
the  conditions  agreed  upon  are  not  equitable. 

In  all  cases,  when  it  is  proved  that  the  consent  of  one  of  the  parties 
is  vitiated  by  fraud  or  concealment,  or  when  the  remuneration  is,  in 
proportion  to  the  services  rendered,  in  an  excessive  degree  too  large 
or  too  small,  the  agreement  may  be  annulled  or  modified  by  the  court 
at  the  request  of  the  party  affected. 

Article  8. 

The  remuneration  is  fixed  by  the  court,  according  to  the  circum- 
stances of  each  case,  on  the  basis  of  the  following  considerations: 
(a)  First,  the  measure  of  success  obtained,  the  efforts  and  the  de- 
serts of  the  salvors,  the  danger  run  by  the  salved  vessel,  by  her  pas- 
sengers, crew  and  cargo,  b}'  the  salvors  and  by  the  salving  vessel,  tlio 
time  expended,  the  expenses  incurred  and  losses  suffered,  and  the 
risks  of  liability  and  other  risks  run  by  the  salvors,  and  also  tlie 
value  of  the  property  exposed  to  such  risks,  due  regard  being  had. 
the  case  arising,  to  the  special  adaptation  of  the  salvor's  vessel:  (b) 
second,  the  value  of  the  property  salved. 

The  same  provisions  apply  to  the  apportionment  provided  for  by 
the  second  paragraph  of  article  6. 


142 

The  court  may  reduce  or  denv  remuneration  if  it  appears  that  the 
salvors  have  by  their  fault  rendered  the  salvage  or  assistance  neces- 
sary, or  have  been  guilty  of  theft,  receiving  stolen  goods,  or  other 
acts  of  fraud. 

Article  9. 

No  remuneration  is  due  from  the  persons  whose  lives  are  saved, 
but  nothinfj  in  this  article  shall  atfect  the  provisions  of  the  national 
laws  on  this  subject. 

Salvors  of  human  life  who  have  taken  part  in  the  services  ren- 
dered on  the  occasion  of  the  accident,  giving  rise  to  salvage  or  assist- 
ance, are  entitled  to  a  fair  share  of  the  remuneration  awarded  to  the 
salvors  of  the  vessel,  her  cargo,  and  accessories. 

Article  10. 

A  salvage  action  is  barred  after  an  interval  of  two  years  from  the 
day  on  which  the  operations  of  assistance  or  salvage  are  terminated. 

The  grounds  upon  which  the  said  period  of  limitation  may  be  sus- 
pended or  interrupted  are  determined  by  the  law  of  the  court  where 
the  case  is  tried. 

The  High  Contracting  Parties  reserve  to  themselves  the  right  to 
provide  by  legislation  in  their  respective  countries  that  the  said 
periods  shall  be  extended  in  cases  where  it  has  not  been  possible  to 
arrest  the  vessel  assisted  or  salved  in  the  territorial  waters  of  the 
State  in  which  the  plaintiff  has  his  domicile  or  principal  place  of 
business. 

Article  11. 

Every  master  is  bound,  so  far  as  he  can  do  so  without  serious 
danger  to  his  vessel,  her  crew  and  passengers,  to  render  assistance 
to  everybody,  even  though  an  enemy,  found  at  sea  in  danger  of 
being  lost. 

The  owner  of  the  vessel  incurs  no  liability  by  reason  of  contra- 
vention of  the  foregoing  provision. 

Article  12. 

The  High  Contracting  Parties  whose  legislation  does  not  forbid 
infringements  of  the  preceding  article  bind  themselves  to  take  or 
to  propose  to  their  respective  legislatures  the  measures  necessary  for 
the  prevention  of  such  infringements. 

The  High  Contracting  Parties  will  communicate  to  one  another, 
as  soon  as  possible,  the  laws  or  regulations  which  have  already  been 
or  may  be  hereafter  promulgated  in  their  States  for  the  purpose  of 
giving  effect  to  the  above  undertakings. 

Article  13. 

The  convention  does  not  affect  the  provisions  of  national  laws  or 
international    treaties   as   regards   the    organization    of   services   of 
assistance  and  salvage  by  or  under  the  control  of  public  authorities,         i 
nor,  in  particular,  does  it  affect  such  laws  or  treaties  on  the  subject        ! 
of  the  salvage  of  fishing  gear. 


143 
Artici^  14. 

This  convention  does  not  apply  to  ships  of  war  or  to  Government 
ships  appropriated  exclusively  to  a  public  service. 

Article  15. 

The  provisions  of  this  convention  shall  he  applied  as  regards  all 
persons  interested  when  either  the  assi.slinfr  or  .'-;!ilvin<]^  vessel  or  the 
vessel  assisted  or  salved  belongs  to  one  of  the  contracting  States,  and 
in  any  other  cases  for  which  the  national  laws  provide. 

Provided  always,  that : 

1.  As  regards  persons  interested  who  belong  to  a  noncontracting 
State  the  application  of  said  provisions  may  be  made  subject  by 
each  of  the  contracting  States  to  the  condition  of  reciprocity. 

2.  Where  all  the  persons  interested  belong  to  the  same  State  as 
the  court  trying  the  case,  the  provisions  of  the  national  law  and  not 
of  the  convention  are  applicable. 

3.  Without  prejudice  to  any  wider  provisions  of  any  national 
laws,  article  11  only  applies  as  between  vessels  belonging  to  the 
States  of  the  High  Contracting  Parties. 

Article  16. 

Any  one  of  the  High  Contracting  Parties  shall  have  the  right 
three  years  after  this  convention  comes  into  force  to  call  for  a  fresh 
conference  with  a  view  to  seeking  such  ameliorations  as  may  be 
brought  therein,  and  particularly  with  a  view  to  extending,  if  pos- 
sible, the  sphere  of  its  application. 

Any  power  exercising  this  right  must  notify  its  intention  to  the 
other  powers,  through  the  Belgian  Government,  which  will  see  to 
the  convening  of  the  conference  within  six  months. 

Article  17. 

9 

States  which  have  not  signed  the  convention  are  allowed  to  adhere 
to  it  on  request.  Such  adhesion  shall  be  notified  through  the  diplo- 
matic channel  to  the  Belgian  Government  and  by  the  latter  to  each 
of  the  other  Governments.  It  shall  become  effective  one  month  after 
the  sending  of  the  notification  by  the  Belgian  Government. 

Article  18. 

The  convention  shall  be  ratified. 

After  an  interval  of  at  most  one  year  from  the  day  on  which  the 
convention  is  signed,  the  Belgian  Government  shall  place  itself  in 
communication  with  the  Governments  of  the  High  Contracting  Par- 
ties which  have  declared  themselves  prepared  to  ratify  the  conven- 
tion with  a  view  to  deciding  whether  it  is  expedient  to  put  into  force. 

The  ratification  shall,  if  so  decided,  be  deposited  forthwith  at  Brus- 
sels, and  the  convention  shall  come  into  force  a  month  afterwards. 

The  protocol  shall  remain  open  another  year  in  favor  of  the  States 
represented  at  the  Brussels  Conference.  After  this  interval  *.hey  can 
only  adhere  to  it  on  conforming  to  the  provisions  of  Article  17. 


144 
Abticle  19. 

In  the  case  of  one  or  other  of  the  Hi^h  Contracting;  Parties  de- 
nouncinir  this  convention,  such  denunciation  should  not  take  effect 
until  a  year  after  the  day  on  Avhich  it  has  been  notified  to  the  Belgian 
Government,  and  the  convention  would  remain  in  force  as  between 
the  other  Contractino;  Parties. 

In  witness  whereof  the  plenipotentiaries  of  the  respective  High 
Contracting  Parties  have  signed  this  convention  and  have  aflixed 
their  seals  thereto. 

Done  at  Brussels,  in  a  single  copy,  the  23rd  September,  1910. 

For  Germany: 

Kracker  von  Schwartzenfeijjt. 
Dr.  G.  Struckmann. 

For  the  Argentine  Republic: 

Alberto  Blancas. 

For  Austria  and  Hungary: 

S.  Clary  and  Aldringen. 


For  Austria: 
For  Hungary: 


For  Belgium: 


Stephen  Worms. 

Dr.  Francois  de  Nagt. 


A.  Beernaert. 
Capelle. 
Ch.  LeJeune. 
Louis  Franck. 
Paul  Segers. 

For  the  United  States  of  Brazil: 

RODERIGO   OCTAVIO   DE   LaNGGAARD   MeNEZES. 

For  Chile: 

F.  PUGA-BORNE. 

For  the  Republic  of  Cuba : 

Dr.  F.  Zayas. 

For  Denmark: 

W.  Grevenkop  Castenskiold, 
Herman  Halkier. 

For  Spain: 

Arturo  de  Baguer. 
Juan  Spottorno. 
Damon  Sanchez  de  Ocana. 
Faustino  a.  del  Manzano. 

For  the  United  States  of  America : 

Walter  C.  Noyes. 
Charles  C.  Burlingham, 
A.  J.  Montague. 
Edwin  W.  Smith. 


For  France: 

For  Great  Britain 


For  Greece: 
For  Italy: 


145 


Beau. 

Ch.  Lyon -Caen. 

Arthur  H.  Hardingb. 

W.   PiCKFORD. 

Leslie  Scott. 
Hugh  Godley. 

G.  DiOBOUNIOTIS. 

Prince  de  Castagneto. 
Francesco  Berlingieri, 
Francesco  M.  Mirelu, 
Prof.  Cesar  Vivante. 


For  Japan: 


K.  Nabeshima. 
Y,  Irie. 

T.   ISHIKAWA, 

M.  Matsuda. 

For  the  United  Mexican  States: 

Enrique  Olarte. 
Victor  Manuel  Castillo. 

For  Nicaragua: 

Leon  Vallez. 

For  Norway: 

Hagerup. 
Chr.  Th.  Bob. 

For  the  Netherlands : 

P.  K.  A.  Melvill  van  Carnbei, 

MOLENGRAAFF. 

LODER. 

C.  D.  ASSER. 


For  Portugal: 
For  Roumania: 
For  Russia : 
For  Sweden: 

For  Uruguay: 


A.  D.  DE  Oliveira  Soares. 
T.  G.  Djuvara. 
C.  Nabokoff. 
Albert  Ehrensvard, 

EiNAR  LaNGE. 


Luis  Garabelli, 
76844°— S.  Doc.  1063,  62-3 10 


146 

Report  of  the  American  Delegation  on  the  Convention  Helatinq 

TO  Salvage. 

To  the  honorable  the  Secretary  of  State: 

The  delegates  of  the  United  States  designated  to  attend  the  recon- 
vening of  the  Third  International  Conference  on  Maritime  Law  at 
Brussels  on  September  12,  1910,  have  the  honor  to  report: 

In  accordance  with  our  instructions  from  the  Department  of  State, 
we  attended  and  participated  in  the  sessions  and  deliberations  of  the 
reconvened  conference.  Mr.  Gaston  de  Leval,  the  Belgian  advocate 
who  assisted  us  at  the  last  session,  again  aided  us  as  counsel,  and  we 
desire  to  express  our  appreciation  of  his  services. 

At  the  opening  of  the  conference  we  stated  that  we  were  authorized 
to  sign  the  convention  relating  to  collisions,  with  certain  reservations, 
and  that  we  were  authorized  to  sign  without  reservations  the  conven- 
tion relating  to  salvage.  xVt  the  same  time  we  stated  that  under  the 
Constitution  of  the  United  States  of  America  no  treaty  can  become 
effective  until  approved  by  the  Senate. 

On  September  23.  1910,  we  signed  the  convention  relating  to  the 
law  of  salvage,  making  one  reservation,  as  follows: 

The  Government  of  the  United  States  of  America  declares  that 
it  reserves  the  right  to  adhere  to  said  convention  and  to  denounce  it 
for  the  insular  possessions  of  the  United  States  of  America. 

Annexed  hereto  is  a  translation  of  the  convention,  which  is  iden- 
tical with  that  adopted  by  the  British  delegates."  No  official  trans- 
lation of  the  convention  was  made  or  authorized  by  the  conference. 

The  convention  on  salvage  makes  few  changes  in  our  own  or  the 
British  law  except  that  article  5  provides  that  "  remuneration  is  due 
notwithstanding  that  the  salvage  services  have  been  rendered  by  or 
to  vessels  belonging  to  the  same  owner."  This  provision  will  permit 
the  officers  and  crew  of  a  salving  vessel  to  recover  for  their  services 
notwithstanding  identity  of  ownership.  It  will  also  affect  the  right 
of  subrogation  of  underwriters.  The  provision  would,  of  course, 
apply  only  in  a  limited  number  of  cases ;  but  we  deemed  the  provision 
just  and  unobjectionable. 

Article  9  contains  a  reasonable  provision  for  salvors  of  human  life, 
limiting  the  recovery,  however,  to  cases  where  property  also  has  been 
salved. 

Article  10  prescribes  a  limitation  period  of  two  years  for  bringing 
suits  for  salvage. 

Awaiting  your  further  instructions,  we  have  the  honor  to  be,  sir, 
Your  obedient  servants, 

Walter  C.  Notes. 
Charles  C.  Bdrlingham. 
Edwin  ^Y.  Smith. 
A.  J.  Montague. 


"The  translation  printefl  below  contnins  some  niodUifations  recommended  by 
Mr.  Martin,  one  of  tbe  translators  of  the  Department  of  State. 


147 

Convention  foe  the  UNincATioN  of  Ckrtain  Rui.es  of  Law  as  Rex)abd9  Assist- 

ANCt;  AND  Salvage  at  Sea. 

[Translation  from  French.] 

Abticle  1. 

Assistance  and  salvage  of  seagoinfj  ves.«ols  in  rliuiRor  of  any  tilings  on  board, 
of  froiglit  and  passage  money,  and  also  services  of  tlie  same  nature  rendered  to 
each  otlier  by  seagoing  vessels  and  vessels  of  inland  navigation  are  subject  to 
tlie  following  provisions,  without  any  distinction  being  drawn  between  the  two 
kinds  of  service  and  in  whatever  waters  the  services  have  been  rendered. 

Article  2. 

Every  act  of  assistance  or  salvage  which  has  had  a  useful  result  gives  a  right 
to  equitable  remuneration. 

No  remuneration  is  due  if  the  services  rendered  have  no  beneficial  result. 
In  no  case  shall  the  sum  to  be  paid  exceed  the  value  of  the  property  salved. 

Article  3. 

Persons  who  have  taken  part  in  salvage  operations,  notwithstanding  the  ex- 
press and  reasonable  prohibition  on  the  part  of  the  vessel  to  which  services  were 
rendered,  have  no  right  to  any  remuneration. 

Article  4. 

A  tug  has  no  right  to  remuneration  for  assistance  to  or  salvage  of  the  vessel 
she  is  towing  or  of  the  vessel's  cargo  except  where  she  has  rendered  exceptional 
services  which  can  not  be  considered  as  rendered  in  fulfilment  of  the  contract  of 
towage. 

Article  5. 

Remuneration  is  due  notwithstanding  that  the  salvage  services  have  been  ren- 
dered by  or  to  vessels  belonging  to  the  same  owner. 

Article  6. 

The  amount  of  remuneration  is  fixed  by  agreement  between  the  parties  and, 
failing  agreement,  by  the  court. 

The  proportion  in  whicli  the  remuneration  is  to  be  distributed  among  the 
salvors  is  fixed  in  the  same  manner. 

The  apportionment  of  the  remuneration  among  the  owner,  master,  and  other 
persons  in  the  service  of  each  salving  vessel  is  determined  by  the  law  of  the 
vessel's  flag. 

Article  7. 

Every  agreement  as  to  assistance  or  salvage  entered  into  at  the  moment  and 
under  the  influence  of  danger  can.  at  the  request  of  either  party,  be  annulled  or 
modified  by  the  court  if  it  considers  that  the  conditions  agreed  upon  are  not 
equitable. 

In  all  cases,  when  it  is  proved  that  the  consent  of  one  of  the  parties  is  viti- 
ated by  fraud  or  concealment,  or  when  the  remuneration  is.  in  ju-oportion  to  the 
services  rendered,  in  an  excessive  degree  too  largo  or  too  small.  iW  .■igreomeut 
may  be  annulled  or  modified  by  the  court  at  the  request  of  the  party  aflected. 

Article  8. 

The  remuneration  is  fixed  by  the  court,  according  to  the  circumstances  of  each 
case,  on  the  basis  of  the  following  considerations:  (a)  First,  the  measure  of 
success  obtained,  the  efforts  and  the  deserts  of  the  salvors,  the  danger  run  by 
the  salved  vessel,  by  her  passengers,  crew,  and  cargo,  by  the  salvors  and  by  the 
salving  vessel,  the  time  expended,  the  expenses  incurred  and  losses  suffered,  and 
the  risks  of  liability  and  other  risks  run  by  the  salvors,  and  also  the  value  <«f 
the  property  exposed  to  such  risks,  due  regard  being  had.  the  case  arising,  to  the 


14S 

special  adaptation  of  the  salvor's  vessel;  (b)  second,  the  value  of  the  property 
salved. 

The  same  provisions  apply  to  the  apportionment  provided  for  by  the  second 
paragraph  of  article  6. 

The  court  may  reduce  or  deny  remuneration  if  it  appears  that  the  salvors 
Lave  by  their  fault  rendered  the  salvage  or  assistance  necessary,  or  have  been 
guilty  of  theft,  receiving  stolen  goods,  or  other  acts  of  fraud. 

Article  9. 

No  remuneration  Is  due  from  the  persons  whose  lives  are  saved,  but  nothing 
in  this  article  shall  affect  the  provisions  of  the  national  laws  on  this  subject. 

Salvors  of  human  life  who  have  taken  part  in  the  services  rendered  on  the 
occasion  of  the  accident,  giving  rise  to  salvage  or  assistance,  are  entitled  to  a 
fair  share  of  the  remuneration  awarded  .to  the  salvors  of  the  vessel,  her  cargo, 
and  accessories. 

Abticle  10. 

A  salvage  action  is  barred  after  an  interval  of  two  years  from  the  day  on 
which  the  operations  of  assistance  or  salvage  are  terminated. 

The  grounds  upon  which  the  said  period  of  limitation  may  be  susi>ended  or 
interrupted  are  determined  by  the  law  of  the  court  where  the  case  is  tried. 

The  High  Contracting  Parties  reserve  to  themselves  the  right  to  provide  by 
legislation  in  their  respective  countries  that  the  said  periods  shall  be  extended 
in  cases  where  it  has  not  been  possible  to  arrest  the  vessel  assisted  or  salved 
in  the  territorial  waters  of  the  State  in  which  the  plaintiff  has  his  domicile 
or  principal  place  of  business. 

Article  11. 

Every  master  is  bound,  so  far  as  he  can  do  so  without  serious  danger  to  his 
vessel,  her  crew  and  passengers,  to  render  assistance  to  everybody,  even  though 
an  enemy,  found  at  sea  in  danger  of  being  lost. 

The  owner  of  the  vessel  Incurs  no  liability  by  reason  of  contravention  of  the 
foregoing  provision. 

Article  12. 

The  High  Contracting  Parties  whose  legislation  does  not  forbid  Infringements 
of  the  preceding  article  bind  themselves  to  take  or  to  propose  to  their  respec- 
tive legislatures  the  measures  necessary  for  the  prevention  of  such  infringe- 
ments. 

The  High  Contracting  Parties  will  communicate  to  one  another,  as  soon  as 
possible,  the  laws  or  regulations  which  have  already  been  or  may  be  hereafter 
promulgated  in  their  States  for  the  purpose  of  giving  effect  to  the  above  under- 
takings. 

Article  13. 

The  convention  does  not  affect  the  provisions  of  national  laws  or  international 
treaties  as  regards  the  organization  of  services  of  assistance  and  salvage  by  or 
under  the  control  of  public  authorities,  nor,  in  particular,  does  it  affect  such 
laws  or  treaties  on  the  subject  of  the  salvage  of  fishing  gear. 

Article  14. 

This  convention  does  not  apply  to  ships  of  war  or  to  Government  ships  ap- 
propriated exclusively  to  a  public  service. 

Article  15. 

The  provisions  of  this  convention  shall  be  applied  as  regards  all  persons  in- 
terested when  either  the  assisting  or  salving  vessel  or  the  vessel  assisted  or 
salved  belongs  to  one  of  the  contracting  States,  and  in  any  other  cases  for  which 
the  national  laws  provide.- 

Provided  always,  that: 

1.  As  regards  persons  interested  who  belong  to  a  noncontractlng  State  the 
:;pplication  of  said  provisions  may  be  made  subject  by  each  of  the  contracting 
States  to  the  condition  of  reciprocity. 


149 

2.  Where  all  the  rxrsoiis  Interested  liolonp  to  the  s.-inie  Stiite  nB  the  court 
trying  the  case,  the  provisions  of  the  national  law  and  not  of  the  convention  are 
applicable. 

3.  Without  prejudice  to  any  wider  provisions  nf  any  national  laws,  article  11 
only  applies  as  between  vessels  belonging  to  tlie  .States  of  the  High  Contracting 
Parties. 

Article  16. 

Any  one  of  the  High  Contracting  Parties  shall  have  the  right  three  years  after 
this  convention  conies  into  force  to  call  for  a  fresh  conference  with  a  view  to 
seeking  such  anieliorations  as  may  be  brought  tiicrein,  and  particularly  with  a 
view  to  extending,  if  possil)ie,  tlie  sphere  of  its  application. 

Any  power  exercising  this  right  must  notify  its  intention  to  the  other  powers, 
through  the  Belgian  Government,  which  will  see  to  the  convening  of  the  confer- 
ence within  six  mouths. 

Article  17. 

States  which  have  not  signed  the  convention  are  allowed  to  adhere  to  It  on 
request.  Such  adhesion  shall  be  notified  through  the  diplouiatic  channel  to  the 
Belgian  Government  and  by  the  latter  to  each  of  the  other  Governments.  It 
shall  become  effective  one  month  after  the  sending  of  the  notification  by  the 
Belgian  Government. 

Article  18. 

The  convention  shall  be  ratified. 

After  an  Interval  of  at  most  one  year  from  the  day  on  which  the  convention 
is  signed,  the  Belgian  Government  shall  place  itself  in  communication  with  the 
Governments  of  the  High  Contracting  Parties  which  have  declared  themselves 
prepared  to  ratify  the  convention  with  a  view  to  deciding  whether  it  is  expedient 
to  put  into  force. 

The  ratifications  shall,  if  so  decided,  be  deposited  forthwith  at  Brussels,  and 
the  convention  shall  come  into  force  a  month  afterwards. 

The  protocol  shall  remain  open  another  year  in  favor  of  the  States  repre- 
sented at  the  Brussels  Conference.  After  this  interval  they  can  only  adhere 
to  it  on  conforming  to  the  provisions  of  article  17. 

Article  19. 

In  the  case  of  one  or  other  of  the  High  Contracting  Parties  denouncing  this 
convention,  such  denunciation  should  not  take  effect  until  a  year  after  the  day 
on  which  it  has  been  notified  to  the  Belgian  Government,  and  the  convention 
would  remain  in  force  as  between  the  other  Contracting  Parties. 

In  witness  whereof  the  plenipotentiaries  of  the  respective  High  Contracting 
Parties  have  signed  this  convention  and  have  affixed  their  seals  thereto. 

Done  at  Brussels,  in  a  single  copy,  the  23d  September,  1910. 


Appendix  A. 

SIGNATURE    PROTOCOL    EXTENDING    CONVENTIONS    TO    COLONIES. 

fTransIation.] 

At  the  moment  of  proceeding  to  sign  the  conventions  for  the 
rendering  uniform  of  certain  rules  in  the  matter  of  collisions  and  of 
maritime  assistance  and  salvage,  concluded  on  this  date,  the  under- 
signed plenipotentiaries  have  agreed  to  the  following: 

The  provisions  of  said  conventions  will  be  applicable  to  the  colonies 
and  possessions  of  the  contracting  powers,  subject  to  the  following 
reservations : 

I.  The  German  Government  declares  that  it  reserves  the  right  to 
decide  with  regard  to  the  colonies.  It  reserves  the  right,  with  respect 
to  each  of  them  separately,  to  accede  to  and  denounce  the  conventions. 


150 

If.  Tlie  Danish  Government  declares  that  it  reserves  the  ri<;ht  to 
accede  to  and  denounce  said  conventions  ^vith  respect  to  Icehind  and 
the  Danish  colonies  and  possessions  separately. 

III.  The  Government  of  the  United  States  of  America  declarer  that 
it  reserves  the  right  to  accede  to  and  denounce  said  conventions  with 
respect  to  the  insular  possessions  of  the  United  States  of  America. 

IV.  The  Government  of  His  Britannic  Majesty  declares  that  it 
reserves  the  right  to  accede  to  and  denounce  said  conventions  with 
respect  to  each  of  the  British  colonies,  protectorates,  and  territories 
£eparateh',  tis  well  as  with  respect  to  the  island  of  Cyprus. 

V.  The  Italian  Government  reserves  the  right  to  accede  subse- 
quently to  the  conventions  with  respect  to  the  Italian  dependencies 
and  colonies. 

VI.  The  Government  of  the  Netherlands  reserves  the  right  to 
accede  subsequently  to  the  conventions  with  respect  to  the  Dutch 
colonies  and  possessions. 

VII.  The  Portuguese  Government  declares  that  it  reserves  the 
right  to  accede  subsequently  to  the  conventions  with  respect  to  the 
Portuguese  colonies. 

These  accessions  may  be  notified  either  by  means  of  a  general 
declaration  comprising  all  the  colonies  and  possessions  or  by  spc«cial 
declarations.  "With  regard  to  the  accessions  and  denunciatioiis,  the 
procedure  prescribed  in  the  two  conventions  of  this  date  will  be  fol- 
lowed if  necessary.  It  is  understood,  however,  that  the  said  acces- 
sions may  also  be  embodied  in  the  record  of  the  ratifications. 

In  witness  whereof  the  undersigned  plenipotentiaries  have  drawn 
up  the  present  protocol,  which  shall  have  the  same  force  and  value 
as  if  its  provisions  were  inserted  in  the  text  of  the  conventions  to 
which  thej  relate. 

Done  at  Brussels,  in  a  single  copy,  September  23,  1910. 

(Signatures  of  delegates.) 

And  whereas,  the  said  Convention  has  been  duly  ratified  by  the 
Government  of  the  United  States,  by  and  with  the  advice  and  con- 
sent of  the  Senate  thereof,  and  by  the  Governments  of  German}'^, 
Austria-Hungary,  Belgium,  France,  Great  Britain,  Mexico,  Nether- 
lands, Roumania,  and  Russia,  and  the  ratifications  of  the  said  Govern- 
ments were,  by  the  provisions  of  Article  18  of  the  said  Convention, 
deposited  by  their  respective  plenipotentiaries  witli  the  Government 
of  Belgium ; 

Now,  therefore,  be  it  known  that  I,  William  Howard  Taft, 
President  of  the  United  States  of  America,  have  caused  the  said 
Convention  to  be  made  public,  to  the  end  that  the  same  and  every 
article  and  clause  thereof  may  be  observed  and  fulfilled  with  good 
faith  by  the  United  States  and  the  citizens  thereof. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the 

seal  of  the  United  States  to  be  aflixed. 

Done  at  the  City  of  Washington  this  thirteenth  day  of  February 

in  the  year  of  our  Lord  one  thousand  nine  hundred  and 

[sEAi..]     thirteen,  and  of  the  Independence  of  the  United  States  of 

America  the  one  hundred  and  thirty-seventh. 

Wm  H  Taft 
By  the  president: 
P  C  Knox 

Secretary  of  State. 


1906. 


International  AYirkless  Tklegrapii  Convention." 

The  following  convention  Avill  be  suiiersedetl  by  the  international 
wireless  tele<rraph  convention,  sif^ned  at  London,  July  5,  19r2,  if 
proclaimed,  which  appears  in  this  volume  on  page  183. 

Signed  at  Berlin  November  5, 190G ;  ratification  advised  hy  the  Senate 
April  3,  1912;  ratified  hy  the  President  April  22^  1912;  ratification 
of  the  United  States  deposited  loith  the  Government  of  Gei^many 
May  17, 1912;  proclaimed  May  25, 1912. 

XIV.  Reservatioa  as  to  fixing  terms 
on  which  telegrams  are  re- 
ceived. 
XV.  Scope  of  articles  8  and  9. 
XVI.  Adherence  by  other  powers. 
XVII.  International    Telegraph    Con- 

Aention,  St.  Petersburg. 
XVIII.  Arbitration     of     disagreement 
between    two   or   more   con- 
tracting powers. 
XIX.  Legislation    for    execution    of 
convention. 
XX.  Notitication  as  to  proposed  or 

existing  laws. 
XXI.  Reservation   of   liberty   to   in- 
stall   official    wireless    tele- 
graph stations. 
XXII.  Effect;  duration, 
XXIII.  Ratification. 


I.  Obligation. 
II.  "  Coastal  stations  "  defined. 
III.  Reciprocal    exchange    of    tele- 
grams. 
IV.  Reservation  of  station  for  lim- 
ited public  service. 
V.  Coastal  stations  and  telegraph 
system  connections. 
VI.  Information    necessary    to    fa- 
cilitate transmission. 
VII.  Exemption  as  to  special  wire- 
less conmninication. 
VIII.  Interference. 

IX.  Calls  from  ships  in  distress. 
X.  Rates. 
XI.  Effect  of  regulations. 
XII.  Conferences    for    modification 
of    convention    and    regula- 
tions; voting  power. 
XIII.  Duties     of     international     bu- 
reau, expenses. 


INTERNATIONAL  WIRELESS  TELEGRAPH  CONVENTION  CONCLUDED  BETWEEN 
GERMANY,  THE  UNIl-ED  STATES  OF  A^MERICA,  ARGENTINA,  AUSTRIA, 
HUNGARY,  BELGIUM,  BRAZIL,  BULGARIA,  CHILE,  DENMARK,  SPAIN, 
FRANCE,  GREAT  BRITAIN,  GREECE,  ITALY,  JAPAN,  MEXICO,  MONACO, 
NORWAY,  THE  NETHERLANDS,  PERSIA,  PORTUGAL,  ROUMANIA,  RUSSIA, 
SWEDEN,  TURKEY,  AND  URUGUAY. 

[Translation.] 

The  undersigned,  plenipotentiaries  of  the  Governments  of  the 
countries  enumerated  above,  having  met  in  conference  at  Berlin, 
have  agreed  on  the  following  Convention,  subject  to  ratification: 

Article  1. 

The  High  Contracting  Parties  bind  themselves  to  apply  the  pro- 
visions of  the  present  Convention  to  all  wireless  telegraph  stations 

"Since  the  President's  ratification  of  this  convention  the  convention  has  been 
ratified  by  Italv,  Greece,  and  Uruguay,  and  adhered  to  by  Egypt;  by  Germany 
for  the  German  Protectorates;  by  Spain  for  the  Gulf  of  Guinea  Territory. 
Siam;  San  Marino;  Italy  for  Erythrea  and  Somaliland;  and.  with  the  exception 
of  article  3,  by  Canada,  Australia,  New  Zealand,  Natal,  India,  and  the  Trans- 
vaal. 

(151) 


152 

open  to  public  service  between  the  coast  and  vessels  at  sea — both 
coastal  stations  and  stations  on  shipboard — which  are  established 
or  worked  by  the  Contracting  Parties. 

They  further  bind  themselves  to  make  the  observance  of  these  pro- 
\isions  obligatory  upon  private  enterprises  authorized  either  to  es- 
tablish or  work  coastal  stations  for  wireless  telegraphy  open  to  the 
service  of  public  correspondence  between  the  coast  and  vessels  at 
sea,  or  to  establish  or  work  wireless  telegraph  stations,  whether  open 
to  general  public  service  or  not,  on  board  of  vessels  flying  their  flag. 

Article  2. 

By  "  coastal  stations  "  is  to  be  understood  every  wireless  telegraph 
station  established  on  shore  or  on  board  a  permanently  moored  vessel 
used  for  the  exchange  of  correspondence  with  ships  at  sea. 

Every  wireless  telegraph  station  established  on  board  any  vessel 
not  permanently  moored  is  called  a  "station  on  shipboard." 

Aeticle  3. 

The  coastal  stations  and  the  stations  on  shipboard  shall  be  bound 
to  exchange  wireless  telegrams  reciprocally  without  distinction  of  the 
wireless  telegraph  system  adopted  by  such  stations. 

Akticle  4. 

Notwithstanding  the  provisions  of  Article  3,  a  station  may  be 
reserved  for  a  limited  public  service  determined  by  the  object  of  the 
correspondence  or  by  other  circumstances  independent  of  the  system 
employed. 

Abticle  5. 

Each  of  the  High  Contracting  Parties  undertakes  to  connect  the 
coastal  stations  to  the  telegraph  system  by  special  wires,  or,  at  least, 
to  take  other  measures  which  will  insure  a  rapid  exchange  between 
the  coastal  stations  and  the  telegraph  system. 

Article  6. 

The  High  Contracting  Parties  shall  notify  one  another  of  the  names 
of  coastal  stations  and  stations  on  shipboard  referred  to  in  Article  1, 
and  also  of  all  data,  necessary  to  facilitate  and  accelerate  the  exchange 
of  wireless  telegrams,  as  specified  in  the  Regulations. 

Article  7. 

Each  of  the  High  Contracting  Parties  reserves  the  right  to  pre- 
scribe or  permit  at  the  stations  referred  to  in  Article  1,  apart  from 
the  installation  the  data  of  which  are  to  be  published  in  conformity 
with  Article  6,  the  installation  and  working  of  other  devices  for  the 
purpose  of  establishing  special  wireless  communication  without  pub- 
lishing the  details  of  such  devices. 


153 

Article  8. 

The  working  of  the  wireless  telegraph  stations  shall  be  organized 
as  far  as  possible  in  such  manner  as  not  to  disturb  the  service  of  other 
wireless  stations. 

Article  9. 

Wireless  telegraph  stations  are  bound  to  give  absolute  priority  to 
calls  of  distress  from  ships,  to  siniilarl}'  answer  siu'h  calls  and  to  take 
such  action  with  regard  thereto  as  nia}^  be  required. 

Article  10. 

The  total  charge  for  wireless  telegrams  shall  comprise: 

1.  The  charge  for  the  maritime  transmission,  that  is: 

(a)  The  coastal  rate,  which  shall  fall  to  the  coastal  station; 

(b)  The  shipboard  rate,  which  shall  fall  to  the  shipboard  station. 

2.  The  charge  for  transmission  over  the  lines  of  the  telegraph 
system,  to  be  computed  according  to  the  general  regulations. 

The  coastal  rate  shall  be  subject  to  the  approval  of  the  Government 
of  which  the  coastal  station  is  dependent,  and  the  shipboard  rate  to 
the  approval  of  the  Government  whose  flag  the  ship  is  flying. 

Each  of  these  rates  shall  be  fixed  in  accordance  with  the  tariff  per 
word,  pure  and  simple,  with  an  optional  minimum  rate  per  wireless 
telegram,  on  the  basis  of  an  equitable  remuneration  for  the  wireless 
work.  Neither  rate  shall  exceed  a  maximum  to  be  fixed  by  the  High 
Contracting  Parties. 

However,  each  of  the  High  Contracting  Parties  shall  be  at  liberty 
to  authorize  higher  rates  than  such  maximum  in  the  case  of  stations 
of  ranges  exceeding  800  km.  or  of  stations  whose  work  is  exceptionally 
difficult  owing  to  physical  conditions  in  connection  with  the  installa- 
tion or  working  of  the  same. 

For  wireless  telegrams  proceeding  fi'om  or  destined  for  a  country 
and  exchanged  directly  with  the  coastal  stations  of  such  country, 
the  High  Contracting  Parties  shall  advise  one  another  of  the  rates 
applicable  to  the  transmission  over  the  lines  of  their  telegraph  system. 
Such  rates  shall  be  those  resulting  from  the  principle  that  the  coastal 
station  is  to  be  considered  as  the  station  of  origin  or  of  destination. 

Article  11. 

The  provisions  of  the  present  Convention  are  supplemented  by 
Regulations,  which  shall  have  the  same  force  and  go  into  effect  at  the 
same  time  as  the  Convention. 

The  provisions  of  the  present  Convention  and  of  the  Regulations 
relating  thereto  may  at  any  time  be  modified  by  the  High  Contracting 
Parties  by  common  consent.  Conferences  of  plenipotentiaries  or 
simply  administrative  conferences,  according  as  the  Convention  or 
the  Regulations  are  affected,  shall  take  place  from  time  to  time;  each 
conference  shall  fix  the  time  and  place  of  the  next  meeting. 

Article  12. 

Such  conferences  shall  be  composed  of  delegates  of  the  Govern- 
ments of  the  contracting  countries. 


154 

In  the  deliberations  each  country  shall  have  but  one  vote. 

If  a  Government  adheres  to  the  Convention  for  its  colonies,  posses- 
sions or  protectorates,  subsequent  conferences  maj'^  decide  that  such 
colonies,  possessions  or  protectorates,  or  a  part  thereof,  shall  be  con- 
sidered as  forming  a  country  as  regards  the  application  of  the  pre- 
ceding paragi-aph.  But  the  number  of  votes  at  the  disposal  of  one 
Government,  including  its  colonies,  possessions  or  protectorates,  shall 
in  no  case  exceed  six. 

Article  13. 

An  International  Bureau  shall  be  charged  with  collecting,  coor- 
dinating and  publishing  information  of  every  kind  relating  to  wire- 
less telegraphy,  examining  the  applications  for  changes  in  the  Con- 
vention or  Regulations,  promulgating  the  amendments  adopted,  and 
generally  performing  all  administrative  work  referred  to  it  in  the 
interest  of  international  wireless  telegraphy. 

The  expenses  of  such  institution  shall  be  borne  by  all  the  contract- 
ing countries. 

Article  14. 

Each  of  the  High  Contracting  Parties  reserves  to  itself  the  right  of 
fixing  the  terms  on  which  it  will  receive  wireless  telegrams  proceeding 
from  or  intended  for  any  station,  whether  on  shipboard  or  coastal, 
which  is  not  subject  to  the  provisions  of  the  present  Convention. 

If  a  wireless  telegram  is  received  the  ordinary  rates  shall  be  appli- 
cable to  it. 

Any  wireless  telegram  proceeding  from  a  station  on  shipboard  and 
received  by  a  coastal  station  of  a  contracting  country,  or  accepted  in 
transit  by  the  administration  of  a  contracting  country,  shall  be  for- 
warded. 

Any  wireless  telegram  intended  for  a  vessel  shall  also  be  forwarded 
if  the  administration  of  the  contracting  country  has  accepted  it  origi- 
nally or  in  transit  from  a  non-contracting  country,  the  coastal  station 
reserving  the  right  to  refuse  transmission  to  a  station  on  shipboard 
subject  to  a  non-contracting  country. 

Article  15. 

The  provisions  of  Articles  8  and  9  of  this  Convention  are  also  ap- 
plicable to  wireless  telegraph  installations  other  than  those  referred 

to  in  Article  1. 

Article  16. 

Governments  which  are  not  parties  to  the  present  Convention  shall 
be  permitted  to  adhere  to  it  upon  their  request.  Such  adherence  shall 
be  communicated  through  diplomatic  cliannels  to  the  contracting 
Government  in  whose  territory  the  last  conference  shall  have  been 
held,  and  by  the  latter  to  the  remaining  Governments. 

The  adherence  shall  carry  with  it  to  the  fullest  extent  acceptance 
of  aU  the  clauses  of  this  Convention  and  admission  to  aU  the  advan- 
tages stipulated  therein. 


155 

Article  17." 

The  provisions  of  Articles  1,  2,  3,  5,  G,  7,  8,  11,  12  and  17  of  the 
Intel-national  Telef^raph  Convention  of  St.  Petersburg  of  July  10/22, 
1875,  shall  be  applicable  to  international  wireless  telegraphy. 

Article  18. 

In  case  of  disagreement  between  two  or  more  contracting  Govern- 
ments regarding  the  interpretation  or  execution  of  the  present  Con- 
vention or  of  the  Regulations  referred  to  in  Article  11,  the  question 
in  dispute  may,  by  mutual  agreement,  be  submitted  to  arbitration. 
In  such  case  each  of  the  Governments  concerned  shall  choose  another 
Government  not  interested  in  the  question  at  issue. 

The  decision  of  the  arbiters  shall  be  arrived  at  by  the  absolute 
majority  of  votes. 

In  case  of  a  division  of  votes,  the  arbiters  shall  choose,  for  the 
purpose  of  settling  the  disagreement,  another  contracting  Govern- 
ment which  is  likewise  a  stranger  to  the  question  at  issue.  In  case 
of  failure  to  agree  on  a  choice,  each  arbiter  shall  propose  a  disinter- 
ested contracting  Government,  and  lots  shall  be  drawn  between  the 
Governments  proposed.  The  drawing  of  the  lots  shall  fall  to  the 
Government  within  whose  territory  the  international  bureau  pro- 
vided for  in  Article  13  shall  be  located. 

Article  19. 

The  High  Contracting  Parties  bind  themselves  to  take,  or  propose 
to  their  respective  legislatures,  the  necessary  measures  for  insuring 
the  execution  of  the  present  Convention. 

Article  20. 

The  High  Contracting  Parties  shall  communicate  to  one  another 
any  laws  already  framed,  or  which  may  be  framed,  in  the  respective 
countries  relative  to  the  object  of  the  present  Convention. 

Article  21. 

The  High  Contracting  Parties  shall  preserve  their  entire  liberty  as 
regards  wireless  telegraph  installations  other  than  provided  for  in 
Article  1,  especially  naval  and  military  installations,  which  shall  be 
subject  only  to  the  obligations  provided  for  in  Articles  8  and  9  of  the 
present  Convention. 

However,  when  such  installations  are  used  for  general  public  serv- 
ice they  shall  conform,  in  the  execution  of  such  service,  to  the  pro- 
visions of  the  Regulations  as  regards  the  mode  of  transmission  and 
rates. 

Article  22. 

The  present  Convention  shall  go  into  effect  on  the  1st  day  of  July, 
1908,  and  shall  remain  in  force  for  an  indefinite  period  or  until  the 

*  See  translation  of  Articles  of  the  International  Telegraphic  Convention  re- 
ferred to  in  Article  17,  affixed. 


156 


expiration  of  one  year  from  the  day  when  it  shall  be  denounced  by 
any  of  the  contracting  parties. 

Such  denunciation  shall  all'ect  only  the  Government  in  Avhose  name 
it  shall  have  been  made.  As  regards  the  other  Contracting  Powers, 
the  Convention  shall  remain  in  force. 

Article  23. 

Tlie  present  Convention  shall  be  ratified  and  the  ratifications 
exchanged  at  Berlin  with  the  least  possible  delay. 

In  witness  whereof  the  respective  plenipotentiaries  have  signed 
one  copy  of  the  Convention,  which  shall  be  deposited  in  the  archives 
of  the  Imperial  Government  of  Germany,  and  a  copy  of  which  shall 
be  transmitted  to  each  Party. 

Done  at  Berlin,  November  3,  1906. 


For  Germany: 


For  United  States : 


For  Argentina: 
For  Austria: 

For  Hungary:  ■ 

For  Belgium: 

For  Brazil : 
For  Bulgaria : 
For  Chile : 

For  Denmark: 

For  Spain: 


Kraetke. 
Sydowdow. 

Charlemagne  Tower, 
H.  N.  Manney. 
James  Allen. 
John  I.  Waterbury, 

J.  Olinu. 

Bakth. 
Fries. 

Pierre  de  Szalay, 
Dr.  de  Hennyey. 
Hollos. 

F.  Delarge. 

E.  BUELS. 

Cesar  de  Campos. 

Iv.  Stoyanovitch. 

J.  MuNoz  Hurtado. 
J.   Mery. 

N.  R.  Meyer. 

I.  A.  VOEHTZ. 

Ton  A  CIO  Murcia. 
Ramon  Estrada. 
Rafael  Ravena. 

ISIDRO   CaLVO. 

Manuel  Noriega. 

Antonio  Pelaez-Campomanes. 


I 


157 


For  France: 


For  Great  Britain: 

For  Greece: 
For  Italy: 
For  Japan: 


For  Mexico: 
For  Monaco: 
For  Norway: 

For  Netherlands: 

For  Persia: 
For  Portugal: 
For  Roumania: 
For  Russia: 


For  Sweden: 

For  Turkey: 
For  Uruguay: 


J.   BoRDEIiONGUB. 

L.  Gaschard. 

BOULANGER. 

A.  Devos. 

H.  Babington  Smith. 
A.  E.  Betiiell. 

R.    L.    HiPPISLEY. 

T.  Abgyropoulos. 
J.  Colombo. 

OSUKE   ASANO. 
ROKURE  YaSHIRO. 

Shunkichi  Kimura. 
ZiRO  Tanaka. 
Saburo  Hyakutake, 

Jose  M.  Perez. 

J.  Depelley. 

Heftye. 

O.  T.  Eidem. 

Kruyt. 

Perk. 

Hoven. 

Hovhannes  Khan. 

Patjlo  Benjamin  Cabral, 

Gr.  Cerkez. 

A.  ElCHHOLZ. 
A.   EULER. 

Victor  Bilibine. 
A.  Re:mmert. 
W.  Kedrine. 

Herman  Rydin". 
A.  Hamilton. 

Nazif  Bey. 

F.  A.  Costanzo. 


158 

SUPPLEMENTAKY  AGREEMENT. 
Abticles. 


I.  No   distinction   because   of   system 
adopted ;  transmission. 


II.  Adherence. 
Ill,  Ratification. 


The  undersigned  plenipotentiaries  of  the  Governments  of  Ger- 
many, the  United  States  of  America,  Argentina,  Austria,  Hungary, 
Belgium,  Brazil,  Bulgaria,  Chile,  Denmark,  Spain,  France,  Greece, 
Monaco,  Norway,  the  Netherlands,  Roumania,  Russia,  Sweden,  Tur- 
key, and  Uruguay  bind  themselves  mutually,  from  the  date  of  the 
going  into  effect  of  the  Convention,  to  conform  to  the  provisions  of 
the  following  supplementary  articles: 

I. 

Each  station  on  shipboard  referred  to  in  Article  1  of  the  Con- 
vention shall  be  bound  to  correspond  with  any  other  station  on 
shipboard  without  distinction  of  the  wireless  telegraph  system 
adopted  by  such  stations  respectively. 

11. 

The  Governments  which  have  not  adhered  to  the  foregoing  article 
may  at  any  time  signify,  by  following  the  procedure  prescribed  by 
Article  16  of  the  Convention,  that  they  bind  themselves  to  conform 
to  its  provisions. 

Those  which  have  adhered  to  the  foregoing  article  mav  at  anv 
time,  under  the  same  conditions  as  provided  for  in  Article  22,  signify 
their  intention  to  cease  conforming  to  its  provisions. 

III. 

This  agreement  shall  be  ratified  and  the  ratifications  exchanged 
at  Berlin  with  the  least  possible  delay. 

In  witness  whereof  the  respective  jilenipotentiaries  have  signed 
one  copy  of  the  present  Agreement,  which  shall  be  deposited  in  the 
archives  of  the  Imperial  Government  of  Germany,  and  a  copy  of 
which  shall  be  transmitted  to  each  of  the  Parties. 

Done  at  Berlin,  November  3,  190(). 

For  Germany : 


For  United  States: 


For  Argentina: 
For  Austria: 


Kraetke. 

Stdow. 

Charlemange  Toaver. 
H.  N.  Manney. 
James  Aixen. 
John  I.  Waterbuby. 

J.  Olmi. 

Barth. 
Frees. 


159 


For  Hungary: 

For  Belgium: 

For  Brazil: 
For  Buljtiaria: 
For  Chile: 

For  Denmark: 

For  Spain: 


For  France: 


For  Greece: 
For  Monaco: 
For  Norway : 

For  Netherlands: 

For  Eoumania: 
For  Russia: 


For  Sweden: 

For  Turkey: 
For  Uruguay: 


Pierre  de  Szalat. 
Dr.  de  Hennyey. 
Hollos, 

F.  Delarge. 

E.  Buels. 

Cesar  de  Caimpos. 
Iv.  Stoyanovitch. 

J.  MUNOZ    HURTADO. 

J.  Mery. 

N.  R.  Meyer. 
i.  a.  voehtz. 

Ignacio  Murcia. 

Ramon  Estrada. 

Rafael  Ravena. 

IsroRO  Calvo. 

Manuel  Noriega. 

Antonio  Pelaez-Campomanes. 

J.  Bordelongue. 
L.  Gaschard. 
Boulanger. 
A.  Devos. 

T.  Argyropoulos. 

J.  Depelley, 

Heftye. 

O.  T.  Eidem. 

Krutt. 
Perk. 

HOVEN. 

Or.  Cfrkez. 

A.    ElCHOLZ. 
A.    EULER. 

Victor  Bti.trixb, 
A.  Re^imert. 
W.  Kedrine. 

Herman  Rydin, 
A.  Hamilton. 

Nazif  Bey. 

F.  A.  Costanzo, 


160 

Final  Protocou 
Aeticles. 


I.  Voting  power  at  sncceeding  con- 
ference. 
II.  Exemption  of  coastal  stations. 

III.  Exercise  of  right  of  exemption. 

IV.  Employment  of  system  incapable 

of  intercommunication. 


V.  Adherence    by    colonies,    posses- 
sions, or  protectorates. 
VI.  Ratification  by  Italy. 
VII.  Validity    of   convention    prior    to 
ratification    by    all     signatory 
powera 


At  the  moment  of  signing  the  Convention  adopted  by  the  Inter- 
national Wireless  Telegraph  Conference  of  Berlin,  the  undersigned 
plenipotentiaries  have  agreed  as  follows: 


The  High  Contracting  Parties  agree  that  at  the  next  Conference 
the  number  of  votes  to  which  each  country  is  entitled  (Article  12  of 
the  Convention)  shall  be  decided  at  the  beginning  of  the  delibera- 
tions, so  that  the  colonies,  possessions  or  protectorates  admitted  to 
the  privilege  of  voting  may  exercise  their  right  to  vote  during  the 
entire  course  of  the  proceedings  of  such  Conference. 

This  decision  shall  be  of  immediate  effect  and  remain  in  force  until 
amended  by  a  subsequent  Conference. 

As  regards  the  next  Conference,  applications  for  the  admission  of 
new  votes  in  favor  of  colonies,  possessions  or  protectorates  which 
may  have  adhered  to  the  Convention  shall  be  addressed  to  the  Inter- 
national Bureau  at  least  six  months  prior  to  the  date  of  the  convening 
of  such  Conference.  Notice  of  such  applications  shall  at  once  be 
given  to  the  remaining  contracting  Governments,  which  may,  within 
the  period  of  two  months  from  the  receipt  of  the  notice,  formulate 
similar  applications. 

II. 

Each  contracting  Government  may  reserve  the  right  to  designate, 
according  to  circumstances,  certain  coastal  stations  to  be  exempted 
from  the  obligation  imposed  by  Article  3  of  the  Convention,  pro- 
vided that,  as  soon  as  this  measure  goes  into  effect,  there  shall  be 
opened  within  its  territory  one  or  several  stations  subject  to  the  obli- 
gations of  Article  3,  insuring,  within  the  region  where  the  exempted 
stations  are  located,  such  wireless  telegraph  service  as  will  satisfy 
the  needs  of  the  public  service.  The  Governments  desiring  to  reserve 
this  right  shall  give  notice  thereof  in  the  form  provided  for  in  the 
second  paragraph  of  Article  16  of  the  Convention,  not  later  than  three 
months  before  the  Convention  goes  into  effect,  or,  in  case  of  subse- 
quent adhesion,  at  the  time  of  such  adhesion. 

The  countries  whose  names  follow  below  declare  now  that  they  will 
not  reserve  such  right: 

Germany, 

United  States, 

Argentina, 

Austria, 

Hungary, 

Belgium, 


161 


Brazil, 

Bulgaria, 

Chile, 

Greece, 

Mexico, 

Monaco, 

Norway, 

Netherlands, 

Roumania, 

Russia, 

Sweden, 

Uruguay. 


m. 


The  manner  of  carrying  out  the  provisions  of  the  foregoing  article 
shall  be  at  the  discretion  of  the  Government  which  takes  advantage 
of  the  right  of  exemption;  such  Government  shall  be  at  liberty  to 
decide  from  time  to  time,  in  its  own  judgment,  how  many  stations 
and  what  stations  shall  be  exempted.  Such  Government  shall  like- 
wise be  at  liberty  as  regards  the  manner  of  carrjang  out  the  provision 
relative  to  the  opening  of  other  stations  subject  to  the  obligations  of 
Article  3,  insuring,  within  the  region  where  the  exempted  stations  are 
located,  such  wireless  telegraph  service  as  will  satisfy  the  needs  of  the 
public  service. 

IV. 

It  is  understood  that,  in  order  not  to  impede  scientific  progress, 
the  provisions  of  Article  3  of  the  Convention  shall  not  prevent  the 
eventual  employment  of  a  wireless  telegraph  system  incapable  of 
communicating  with  other  systems,  provided,  however,  that  such 
incapacit}^  shall  be  due  to  the  specific  nature  of  such  system  and  that 
it  shall  not  be  the  result  of  devices  adopted  for  the  sole  purpose  of 
preventing  intercommunication. 

V. 

The  adherence  to  the  Convention  by  the  Government  of  a  country 
having  colonies,  possessions  or  protectorates  shall  not  carry  with  it 
the  adherence  of  its  colonies,  possessions  or  protectorates,  unless  a 
declaration  to  that  effect  is  made  by  such  Government.  Such  col- 
onies, possessions  and  protectorates  as  a  whole,  or  each  of  them 
separately,  may  form  the  subject  of  a  separate  adherence  or  a  sepa- 
rate denunciation  within  the  provisions  of  Articles  IG  and  22  of  the 
Convention. 

It  is  understood  that  the  stations  on  board  of  vessels  whose  head- 
quarters is  a  port  in  a  colony,  possession  or  protectorate  may  be 
deemed  as  subject  to  the  authority  of  such  colony,  possession  or 
protectorate. 

VI. 

Note  is  taken  of  the  following  declaration : 

The  Italian  delegation  in  signing  the  Convention  does  so  with  the 
reservation  that  the  Convention  can  not  be  ratified  on  the  part  of 

76844°— S.  Doc.  1063,  62-3 U 


162 


Italy  until  the  date  of  the  expiration  of  her  contracts  with  Mr. 
Marconi  and  his  Company,  or  at  an  earlier  dat€  if  the  Government  of 
the  King  of  Italy  shall  succeed  in  fixing  such  date  by  negotiations 
with  Mr.  Marconi  and  his  Company. 

VII. 

In  case  one  or  several  of  the  High  Contracting  Parties  shall  not 
ratify  the  Convention,  it  shall  nevertheless  be  valid  as  to  the  parties 
which  shall  have  ratified  it. 

In  witness  whereof  the  undersigned  plenipotentiaries  have  drawn 
up  the  present  Final  Protocol,  which  shall  be  of  Ihe  same  force  and 
enect  as  though  the  provisions  thereof  had  been  embodied  in  the  text 
of  the  Convention  itself  to  which  it  has  reference,  and  thej^  have 
signed  one  copy  of  the  same,  which  shall  be  deposited  in  the  archives 
of  the  Imperial  Government  of  Germany,  and  a  copy  of  which  shall 
be  transmitted  to  each  of  the  Parties. 

Done  at  Berlin,  November  3,  1906. 

For  Germany: 


For  United  States: 


For  Argentina: 
For  Austria: 


For  Hungary: 


For  Belgium: 


For  Brazil: 
For  Bulgaria: 
For  Chile: 


For  Denmark: 


For  Spain: 


Kraetke. 
Sydow. 

Charlemagne  Toweb. 
H.  N.  JVIanney. 
James  Allen. 
John  I.  Watekbukt, 

J.  Olmi. 

Barth. 

Fries. 

Pierre  de  Szalat. 
Dr.  de  Hennyey, 
Hollos. 

F.  Delarge. 

E.   BUELS. 

Cesar  de  Campos. 
Iv.  Stoyanovitch. 


J. 
J. 

N. 
I. 


munoz  hurtado. 
Meyer. 


E 
A. 


Meyer, 

Voehtz. 


Tgnacio  Murcla., 

Ramon  Estrada. 

Rafael  Ravena. 

IsroRo  Calvo. 

Manuel  Noriega. 

Antonio  Pelaez-Campomanes. 


163 


For  France: 


For  Groat  Britain: 

For  Greece: 
For  Italy: 
For  Japan: 


For  Mexico: 
For  Monaco: 
For  Norway: 

For  Netherlands: 

For  Persia: 
For  Portugal: 
For  Roumania: 
For  Russia: 


For  Sweden: 

For  Turkey: 
For  Uruguay: 


J.  B0RDEIX)NGUB. 
L.    GASCIIKIiD. 
BOITLANGER. 

A.  Devos. 

H.  Babington  Smith. 
A.  E.  Betiiell. 

R.   L.   HlPPISLEY. 

T.  Argyropoulos. 
J.  Colombo. 

OSUBLE  ASANO. 
ROKURE  YaSHIRO. 

Shunkichi  Kimura. 
ZiRO  Tanaka. 
Saburo  Hyakutakb, 

Jose  M.  Perez. 

J.  Depelley. 

Heftye. 

O.  T.  EmEM. 

Kruyt. 
Perk. 

HOVEN. 
HOVHANNES  KhAIT. 

Pauix)  Benjamin  Cabrau 
Gr.  Cerkez. 

A.  ElCHOLZ. 
A.  EULER. 

Victor  Bilibine, 
A.  Remmert. 
W.  Kedrine. 

Herman  Rydin. 
A.  Hamilton. 

Nazif  Bey. 

F.  A.  Costanzo, 


164 

Service  Regulations   Annexed  to  the   International  Wireless 

Telegraph  Convention. 


VII.  Delivery   of   wireless   telegrams 
at  their  destination.     Articles 
31  and  32. 
VIII.  Special  telegrams.    Article  33. 
IX.  Files.    Article  34. 
X.  Rebates     and     reimbursements. 
Article  35. 
Accounts     and      payment     of 

charges.     Article  36. 
International   bureau.     Articles 
37  and  38. 
XIII.  Miscellaneous  provisions.     Arti- 
cles 39,  40,  41,  and  42. 


XI. 


XII. 


I.  Organization  of  wireless  tele- 
graph stations.  Articles  1,  2, 
3.  4.  5.  6,  and  7. 

II.  Hours  of  service  of  coastal  sta- 
tions.    Article  8. 

III.  Form  and  posting  of  wireless  tel- 
egrams.   Articles  9,  10,  11. 

IV.  Rates.    Articles  12  and  13. 
V.  Collection    of    charges.      Article 
14. 

VI.  Transmission    of    wireless    tele- 
grams. 

a.  Signals  of  transmission. 

Articles  15,  16.  and  17. 

b.  Order     of     transmission. 

Article  18. 

c.  Method   of  calling   wire- 

less stations  and  trans- 
mission of  wireless 
telegrams.  Articles  19, 
20,  21,  22,  23,  24,  25, 
26,  27,  28,  29,  and  30. 


1.  Organization  of  Wireless  Telegraph  Stations. 


The  choice  of  wireless  apparatus  and  devices  to  be  used  by  the 
coastal  stations  and  stations  on  shipboard  shall  be  unrestricted. 
The  installation  of  such  stations  shall  as  far  as  possible  keep  pace 
with  scientific  and  technical  progress. 


II. 


Two  wave  lengths,  one  of  300  meters  and  the  other  of  600  meters, 
are  authorized  for  general  public  service.  Every  coastal  station 
opened  to  such  service  shall  use  one  or  the  other  of  these  two  wave 
lengths.  During  the  whole  time  that  the  station  is  open  to  service 
it  shall  be  in  condition  to  receive  calls  according  to  its  wave  length, 
and  no  other  wave  length  shall  be  used  by  it  for  the  service  of  gen- 
eral public  correspondence.  Each  Government  may,  however,  au- 
thorize in  coastal  stations  the  employment  of  other  wave  lengths 
designed  to  insure  long-range  service  or  any  service  other  than  for 
general  public  correspondence  established  in  conformity  with  the 
provisions  of  the  Convention,  pro\nded  such  wave  lengths  do  not 
exceed  600  meters  or  that  they  do  exceed  1,600  meters. 

III. 

1.  The  normal  wave  length  for  stations  on  shipboard  shall  be  300 
meters.  Every  station  on  shipboard  shall  be  installed  in  such  man- 
ner as  to  be  able  to  use  this  wave  length.  Other  wave  lengths  may 
be  employed  by  such  stations  provided  they  do  not  exceed  600  meters. 


165 

2.  Vessels  of  small  tonnage  which  are  unable  to  have  plants  on 
board  insuring  a  wave  length  of  300  meters  may  be  authorized  to  use 
a  shorter  wave  length. 

IV. 

1.  The  International  Bureau  shall  be  charged  with  drawing  up 
a  list  of  wireless  telegraph  stations  of  the  class  referred  to  in  Article 
1  of  the  Convention,  Such  list  shall  contain  for  each  station  the 
following  data : 

(1)  Name,  nationality,  and  geographical  location  in  the  case  of 
coastal  stations;  name,  nationality,  distinguishing  signal  of  the  In- 
ternational Code  and  name  of  ship's  home  port  in  the  case  of  stations 
on  shipboard; 

(2)  Call  letters  (the  calls  shall  be  distinguishable  from  one  another 
and  each  must  be  formed  of  a  group  of  three  letters)  ; 

(3)  Normal  range; 

(4)  Wireless  telegraph  system; 

(5)  Class  of  receiving  apparatus  (recording,  acoustic,  or  other 
apparatus)  ; 

(6)  Wave  lengths  used  by  the  station  (the  normal  wave  length 
to  be  underscored)  ; 

(7)  Nature  of  service  carried  on  by  the  station: 
General  public  correspondence; 

Limited  public  correspondence  (correspondence  with  vessels 
.  .  . ;  correspondence  with  shipping  lines  .  .  . ;  correspondence  with 
ships  fitted  with  apparatus  of  the  .  .  .  system,  etc.)  ; 

Long  range  public  correspondence; 

Correspondence  of  private  interest; 

Special  correspondence  (exclusively  official  correspondence)  ;  etc. 

(8)  Hours  during  which  the  station  is  open; 

(9)  Coastal  rate  or  shipboard  rate. 

2.  The  list  shall  also  contain  such  data  relating  to  wireless  tele- 
graph stations  other  than  those  specified  in  Article  1  of  the  Conven- 
tion as  may  be  communicated  to  the  International  Bureau  by  the 
Management  of  the  Wireless  Telegraph  Service  ("Administration  ") 
to  which  such  stations  are  subject. 

V. 

The  exchange  of  superfluous  signals  and  words  is  prohibited  to  sta- 
tions of  the  class  referred  to  in  Article  1  of  the  Convention.  Experi- 
ments and  practice  will  be  permitted  in  such  stations  in  so  far  as  they 
do  not  interfere  with  the  service  of  other  stations. 

VI. 

1.  No  station  on  shipboard  shall  be  established  or  worked  by 
private  enterprise  without  authority  from  the  Government  to  which 
the  vessel  is  subject.  Such  authority  shall  be  in  the  nature  of  a  license 
issued  by  said  Government. 

2.  Every  station  on  shipboard  that  has  been  so  authorized  shall 
comply  with  the  following  requirements: 

(a)  The  system  employed  shall  be  a  syntonized  system; 


166 

(b)  The  rate  of  transmission  and  reception,  under  normal  condi- 
tions, shall  not  be  less  than  twelve  words  a  minute,  words  to  be 
counted  at  the  rate  of  five  letters  each ; 

(c)  The  power  transmitted  to  the  wireless  telegraph  apparatus 
shall  not,  under  normal  conditions,  exceed  one  kilowatt.  Power 
exceeding  one  kilowatt  may  be  employed  when  the  vessel  finds  it 
necessary  to  correspond  while  more  than  300  kilometers  distant  from 
the  nearest  coastal  station,  or  when,  owing  to  obstructions,  communi- 
cation can  be  established  only  by  means  of  an  increase  of  power. 

3.  The  service  of  the  station  on  shipboard  shall  be  carried  on  by  a 
telegraph  operator  holding  a  certificate  issued  by  the  Government  to 
which  the  vessel  is  subject.  Such  certificate  shall  attest  the  profes- 
sional efficiency  of  the  operator  as  regards : 

(a)  Adjustment  of  the  apparatus; 

(b)  Transmission  and  acoustic  reception  at  the  rate  of  not  less 
than  20  words  a  minute; 

(c)  Ivnowledge  of  the  regulations  governing  the  exchange  of  wire- 
less telegraph  correspondence. 

4.  The  certificate  shall  furthermore  state  that  the  Government  has 
bound  the  operator  to  secrecy  with  regard  to  the  correspondence. 

vn. 

If  the  management  of  the  wireless  telegraph  service  of  a  country 
has  knowledge  of  any  infraction  of  the  Convention  or  of  the  Regula- 
tions committed  in  any  of  the  stations  authorized  by  it,  it  shall  ascer- 
tain the  facts  and  fix  the  responsibility. 

In  the  case  of  stations  on  shipboard,  if  the  operator  is  responsible 
for  such  infraction,  the  management  of  the  wireless  telegraph  service 
shall  take  the  necessary  measures  and,  if  the  necessity  should  arise, 
withdraw  the  certificate.  If  it  is  ascertained  that  the  infraction  is 
the  result  of  the  condition  of  the  apparatus  or  of  instructions  given 
the  operator,  the  same  method  shall  be  pursued  with  regard  to  the 
license  issued  to  the  vessel. 

2.  In  cases  of  repeated  infractions  chargeable  to  the  same  vessel, 
if  the  representations  made  to  the  wireless  telegraph  management; 
of  the  country  to  which  the  vessel  is  subject  by  that  of  another 
country  remain  without  effect,  the  latter  shall  be  at  liberty,  after 
giving  due  notice,  to  authorize  its  coastal  stations  not  to  accept 
communications  proceeding  from  the  vessel  at  fault.  In  case  of 
disagreement  between  the  managements  of  the  wireless  telegraph 
service  of  two  countries,  the  question  shall  be  submitted  to  arbitra- 
tion at  the  request  of  either  of  the  two  Governments  at  issue.  The 
procedure  in  such  case  shall  be  the  same  as  indicated  in  Article  18  of 
the  Convention. 

2.  Hours  of  Service  of  Coastal  Stations. 

VIII. 

1.  The  service  of  coastal  stations  shall,  as  far  as  possible,  be  con- 
stant, day  and  night,  without  interruption. 

Certain  coastal  stations,  however,  may  have  a  service  of  limited 
duration.  The  management  of  the  wireless  telegraph  service  of  each 
country  shall  fix  the  hours  of  service. 


167 

2.  The  coastal  stations  whose  service  is  not  constant  shall  not  close 
before  havin*;  transmitted  all  their  wireless  telep^rams  to  the  vessels 
which  are  within  their  radius  of  action,  nor  before  having  received 
from  such  vessels  all  the  wireless  telegrams  of  which  notice  has  been 
given.  This  provision  is  likewise  applicable  when  vessels  signal 
their  presence  before  the  actual  cessation  of  work. 

3.  Form  and  Posting  of  Wireless  Telekgams, 

IX. 

If  the  route  of  a  wireless  telegram  is  partly  over  telegraph  lines, 
or  through  wireless  telegraph  stations  subject  to  a  noncontracting 
Government,  such  telegram  may  be  transmitted  provided  the  man- 
agements of  the  wireless  telegraph  service  to  which  such  lines  or 
stations  are  subject  have  declared  that,  if  the  occasion  should  arise, 
they  will  comply  with  such  provisions  of  the  Convention  and  of  the 
Regulations  as  are  indispensable  to  the  regular  transmission  of  wire- 
less telegrams  and  that  the  payment  of  charges  is  insured. 

X. 

1.  Wireless  telegrams  shall  show  in  the  preamble  that  the  service 
is  "  wireless  "  ("  radio  "). 

2.  In  the  transmission  of  wireless  telegi'ams  of  shipboard  ctations 
to  coastal  stations,  the  date  and  hour  of  posting  may  be  omitted  in 
the  preamble. 

Upon  reforwarding  a  wireless  telegram  over  the  telegraph  system, 
the  coastal  station  shall  show  thereon  its  own  name  as  the  office  of 
origin,  followed  by  that  of  the  vessel,  and  shall  state,  as  the  hour  of 
posting,  the  hour  wiien  the  telegram  was  received  by  it. 

XI. 

The  address  of  wireless  telegrams  intended  for  ships  at  sea  shall  be 
as  complete  as  possible.    It  shall  embrace  the  following: 

(a)  The  name  of  the  addressee,  with  additional  designation  if  any; 

(b)  The  name  of  the  vessel  as  it  appears  in  the  list,  supplemented 
by  her  nationality  and,  if  necessary,  by  her  distinguishing  signal  of 
the  International  Code,  in  case  there  are  several  vessels  of  the  same 
name ; 

(c)  The  name  of  tlie  coastal  station  as  it  appears  in  the  list, 

4.  Rates. 

xn. 

The  coastal  rate  shall  not  exceed  60  centimes  (11. G  cents)  a  word, 
and  the  shipboard  rate  shall  not  exceed  40  centimes  (7.7  cents)  a 
word. 

A  minimum  rate  per  telegram,  not  to  exceed  the  coastal  rate  or 
shipboard  rate  for  a  wireless  telegram  of  ten  words,  may  be  imposed 
as  coastal  or  shipboard  rate. 


168 
XIIL 

The  country  ■within  whose  territory  a  coastal  station  is  established 
which  serves  as  intermediary  for  the  exchange  of  wireless  telegrams 
between  a  station  on  board  ship  and  another  country  shall  be  con- 
sidered, so  far  as  the  application  of  telegraph  rates  is  concerned, 
as  the  country  of  origin  or  of  destination  of  such  telegrams,  and  not 
as  the  country  of  transit. 

6.  Collection  or  Chakqes. 

XIV. 

The  total  charge  for  wireless  telegrams  shall  be  collected  of  the 
sender. 

Stations  on  shipboard  shall  to  that  end  have  the  necessary  tariffs. 
They  shall  be  at  liberty,  however,  to  obtain  information  from  coastal 
stations  on  the  subject  of  rates  for  wireless  telegrams  for  which  they 
do  not  possess  all  the  necessary  data. 

6.  Tkaksmission  of  Wireless  Telegrams. 

a.  signals  or  transmission. 

XV. 

The  signals  to  be  employed  are  those  of  the  Morse  International 
Code. 

XVI. 

Ships  in  distress  shall  use  the  following  signal: 

repeated  at  brief  intervals. 

As  soon  as  a  station  perceives  the  signal  of  distress  it  shall  cease  all 
correspondence  and  not  resume  it  until  after  it  has  made  sure  that 
the  correspondence  to  which  the  call  for  assistance  has  given  rise  is 
terminated. 

In  case  the  ship  in  distress  adds  at  the  end  of  the  series  of  her  calls 
the  call  letters  of  a  particular  station  the  answer  to  the  call  shall  be 
incumbent  upon  that  station  alone.  If  the  call  for  assistance  does 
not  specify  any  particuhir  station,  evei'y  station  perceiving  such  calls 
shall  be  bound  to  answer  it. 

XVII. 

1.  The  call  letters  following  the  letters 

•  i^BH«     •I^H«     ■■  •  •  • 

"  P  R  B  "  signify  that  the  vessel  or  station  making  the  call  desires  to 
communicate  with  the  station  called  by  means  ot  the  International 
Signal  Code. 

The  combination  of  the  letters  P  R  B  as  a  service  signal  for  any 
other  purpose  than  that  specified  above  is  prohibited. 


169 

2.  Wireless  telegrams  may  be  fi-amed  with  the  aid  of  the  Interna- 
tional Signal  Code. 

Those  addressed  to  a  wireless  telegraph  station  with  a  view  to 
being  forwarded  by  it  are  not  to  be  translated  by  such  station. 

h.   ORDER  or  TR.\NSMISSION. 

XVIII. 

Between  two  stations  wireless  telegrams  of  the  same  order  shall  be 
transmitted  one  by  one,  by  the  two  stations  alternately,  or  in  series 
of  several  telegrams,  as  the  coastal  station  may  indicate,  provided 
the  duration  of  the  transmission  of  each  series  does  not  exceed  twenty 
minuter. 

C.    METHOD     OF     CALLING     WIRELESS     STATIONS     AND     TRANSINIISSION     OF 

WIRELESS  TELEGRAMS. 

XIX. 

1.  As  a  general  rule,  it  shall  be  the  shipboard  station  that  calls  the 
coastal  station. 

2.  The  call  should  be  made,  as  a  general  rule,  only  when  the  dis- 
tance of  the  vessel  from  the  coastal  station  is  less  than  75  per  cent 
of  the  normal  range  of  the  latter. 

3.  Before  proceeding  to  a  call,  the  station  on  shipboard  shall  adjust 
its  receiving  apparatus  to  its  maximum  sensibility  and  make  sure  that 
the  coastal  station  which  it  wishes  to  call  up  is  not  in  correspondence 
with  any  other  station.  If  it  finds  that  any  transmission  is  in  prog- 
ress, it  shall  wait  for  the  first  pause. 

4.  The  shipboard  station  shall  use  for  calling  the  normal  wave  of 
the  coastal  station. 

5.  If  in  spite  of  these  precautions  the  public  exchange  of  wireless 
telegrams  is  impeded  at  any  place,  the  call  shall  cease  upon  the  first 
request  from  a  coastal  station  open  to  public  correspondence.  The 
latter  station  shall  in  such  case  indicate  the  approximate  length  of 
time  it  will  be  necessary  to  wait. 

XX. 

1.  The  call  shall  comprise  the  signal 

i^  •  ■■  •  ^m, 

the  call  letters  of  the  station  called  repeated  three  times,  the  word 
"from"  ("de")  followed  by  the  call  letters  of  the  sending  station 
repeated  three  times. 

2.  The  called  station  shall  answer  by  malnng  the  signal 

■^  •  ■■  •  ■■■ 
followed  by  the  call  letters  of  the  corresponding  station  repeated 
three  times,  the  word  "  from,"  its  own  call  letters,  and  the  signal 


170 
XXI. 

If  a  station  called  does  not  answer  the  call  (Article  XX)  repeated 
thi-ee  times  at  intervals  of  two  minutes,  the  call  shall  not  be  resumed 
until  after  an  interval  of  half  an  hour,  the  station  issuing  the  call 
having  first  made  sure  that  no  wireless  telegraph  correspondence  is 
in  progress. 

^    "  XXII. 

1.  As  soon  as  the  coastal  station  has  answered,  the  shipboard 
station  shall  make  known  to  it: 

(a)  The  distance  of  the  vessel  from  the  coastal  station  in  nautical 
miles ; 

(b)  Her  true  bearing  in  degrees  counted  from  0  to  360; 

(c)  Her  true  course  in  degrees  counted  from  0  to  3G0; 

(d)  Her  speed  in  nautical  miles; 

(e)  The  number  of  words  she  has  to  transmit. 

2.  The  coastal  station  shall  answer,  stating  the  number  of  words 
to  be  transmitted  to  the  vessel. 

8.  If  the  transmission  can  not  take  place  immediately,  the  coastal 
station  shall  inform  the  station  on  shipboard  of  the  approximate 
length  of  time  that  it  will  be  necessary  to  wait, 

XXIII. 

When  a  coastal  station  receives  calls  from  several  shipboard  sta- 
tions, the  coastal  station  shall  decide  the  order  in  which  the  shipboard 
stations  shall  be  admitted  to  exchange  their  messages. 

In  fixing  this  order  the  coastal  station  shall  be  guided  exclusively 
by  the  necessity  of  permitting  each  station  concerned  to  exchange 
the  greatest  possible  number  of  wireless  telegrams. 

XXIV. 

Before  beginning  the  exchange  of  correspondence  the  coastal  sta- 
tion shall  advise  the  shipboard  station  whether  the  transmission 
is  to  be  elTected  in  the  alternate  order  or  by  series  (Article  XVIII)  ; 
it  shall  then  begin  the  transmission  or  follow  up  the  preliminaries 
with  the  signal 

■■•■■ 
(invitation  to  transmit). 

•xxv. 

The  transmission  of  the  wireless  telegram  shall  be  preceded  by  the 
signal 

■■•■■•■■I 
and  terminated  by  the  signal 

followed  by  the  name  of  the  sending  station. 


171 

XXVI. 

AMicn  a  wireless  tclonram  to  be  transmitted  contains  more  than 
40  words,  the  sondin<T  station  shall  internij)t  tlie  transmission  after 
each  series  of  about  20  words  by  an  intcrroiitition  point 

•  •■ni^*  • 

and  shall  not  resume  it  until  altci-  it  has  obtained  from  the  receiv- 
ing station  a  repetition  of  the  last  word  duly  received,  followed 
by  an  interrofjation  point. 

Tn  the  case  of  transmission  by  series,  acknowledgment  of  receipt 
shall  be  made  afier  each  wireless  telegram. 

XXVII. 

1.  When  the  signals  become  doubtful  every  possible  means  shall 
be  resorted  tt)  to  finish  the  transmission.  To  this  end  the  Avireless  tele- 
gram shall  be  repeated  at  the  request  of  the  receiving  station,  but 
not  to  exceed  three  times.  If  in  spite  of  such  triple  repetition  the 
signals  are  still  unreadable  the  wireless  telegram  shall  be  canceled. 
If  no  acknowledgment  of  receipt  is  received  the  transmitting  sta- 
tion shall  again  call  up  the  receiving  station.  If  no  reply  is  made 
after  three  calls  the  transmission  shall  not  be  followed  up  any  further. 

2.  If  in  the  opinion  of  the  receiving  station  the  Avireless  telegram, 
although  imperfectly  received,  is  nevertheless  capable  of  trans- 
mission, said  station  shall  enter  the  words  "  reception  doubtful " 
at  the  end  of  the  preamble  and  let  the  wireless  telegram  follow. 

XXVIII. 

All  stations  are  bound  to  carry  on  the  service  with  as  little  ex- 
pense of  energy  as  may  be  necessary  to  insure  safe  communication. 

d.    ACKNOWLEDGMENT   OF    RECEIPT   AND   CONCLUSION    OF   WORK. 

XXIX. 

1.  Receipt  shall  be  a.cknowledged  in  the  form  prescribed  by  the 
International  Telegra])h  Regulations,  preceded  by  the  call  letters  of 
the  transmitting  station  and  followed  b}^  those  of  the  receiving 
station, 

2.  The  conclusion  of  a  correspondence  between  two  stations  shall 
be  indicated  by  each  station  by  means  of  the  signal 

followed  by  its  call  letters. 

e.   DIRECTIONS    TO   BE    FOLLOWED    IN    SENDING   WIRELESS   TELEGRAMS. 

XXX. 

1.  In  general,  the  shipboard  stations  shall  transmit  their  wireless 
telegrams  to  the  nearest  coastal  station. 

2x  A  sender  on  board  a  A^essel  shidl,  however,  have  the  right  to 
designate  the  coastal  station  through  which  he  desires  to  have  his 
wireless  telegram  transmitted. 


172 

3.  The  station  on  shipboard  shall  then  wait  until  such  coastal 
station  shall  be  the  nearest.  If  this  can  not  be  done,  the  wishes 
of  the  sender  are  to  be  complied  with  only  if  the  transmission  can 
be  effected  without  interfering  with  the  service  of  other  stations. 

7.  Delivery  of  Wieeless  Tei^grams  at  their  Destination. 

XXXI. 

When  for  any  cause  whatever  a  wireless  telegram  proceeding  from 
a  vessel  at  sea  can  not  be  delivered  to  the  addressee,  a  notice  of  non- 
delivery shall  be  issued.  Such  notice  shall  be  transmitted  to  the  ves- 
sel if  possible.  T^^len  a  wireless  telegram  received  by  a  shipboard 
station  can  not  be  delivered,  the  station  shall  notif}'  the  office  of  ori- 
gin by  official  notice.  Such  notice  shall  be  transmitted,  whenever 
practicable,  to  the  coastal  station  through  which  the  wireless  telegram 
has  passed  in  transit;  otherwise,  to  the  nearest  coastal  station. 

XXXII. 

If  the  ship  for  which  a  wireless  telegram  is  intended  has  not  sig- 
nalled her  presence  to  the  coastal  station  within  the  period  desig- 
nated by  the  sender,  or,  in  the  absence  of  such  designation,  by  the 
morning  of  the  29th  day  following,  the  coastal  station  shall  notify 
the  sender. 

The  latter  shall  have  the  right  to  ask,  by  a  paid  official  notice, 
sent  by  either  telegraph  or  mail  and  addressed  to  the  coastal  station, 
that  his  wireless  telegram  be  held  for  a  further  period  of  30  days  for 
transmission  to  the  vessel,  and  so  on.  In  the  absence  of  such  request 
the  wireless  telegram  shall  be  put  aside  as  not  transmissible  at  the  end 
of  the  30th  day  (exclusive  of  the  day  of  posting). 

If,  however,  the  coastal  station  has  positive  information  that  the 
vessel  has  left  its  radius  of  action  before  it  has  been  able  to  transmit 
to  her  the  wireless  message,  such  station  shall  so  notify  the  sender. 

8.  Special  Telegrams. 

XXXIII. 

The  following  telegrams  shall  not  be  accepted  for  transmission: 

(a)  Telegrams  with  answer  prepaid; 

(b)  Money  order  telegrams; 

(c)  Telegrams  calling  for  repetition  of  message  (for  purposes  of 
verification)  ; 

(d)  Telegrams  calling  for  acknowledgment  of  receipt; 

(e)  Telegrams  to  be  forwarded  (if  addressee  is  not  found  at  the 
address  given)  ; 

(f)  Paid  service  telegrams,  except  in  so  far  as  transmission  ovei 
the  lines  of  the  telegraph  system  is  concerned ; 

is)  Urgent  telegrams,  except  in  so  far  as  transmission  over  the 
lines  of  the  telegraph  system  is  concerned,  subject  to  the  application 
of  the  provisions  of  the  International  Telegraph  Regulations; 

(h)  Telegrams  to  be  delivered  by  express  or  maiL 


173 
9.  Files. 
XXXIV. 

Tlie  originals  of  wireless  telecrams  and  the  documents  rolatinff 
thereto  retained  by  tlie  managements  or  the  wireless  telegraph 
service  or  by  private  enterprises  shall  be  kept  for  a  period  of  at  least 
twelve  months  beginning  with  the  month  following  that  of  the 
posting  of  the  wireless  telegram,  with  all  the  necessary  precautions 
as  regards  secrecy. 

Such  originals  and  documents  shall,  as  far  as  practicable,  be  sent 
at  least  once  a  month  by  the  shipboard  stations  to  the  management 
of  the  wireless  telegraph  service  to  which  they  are  subject. 

10.  Rebates  and  Reimbursements. 

XXXV. 

1.  With  regard  to  rebates  and  reimbursements,  the  provisions  of 
the  International  Tele^aph  Regulations  shall  be  applicable,  taking 
into  account  the  restrictions  specified  in  Article  XXXIII  of  the 
present  Regulations  and  subject  to  the  following  reservations : 

The  time  employed  in  the  transmission  of  wireless  telegrams  and 
the  time  that  wireless  telegrams  remain  in  a  coastal  station  or  station 
on  shipboard  shall  not  be  counted  as  delays  as  regards  rebates  or 
reimbursements. 

Reimbursements  shall  be  borne  by  the  different  managements  of 
the  wireless  telegraph  service  or  private  enterprises  which  have  taken 
part  in  the  transmission  of  the  wireless  telegram,  each  management 
or  private  enterprise  relinquishing  its  share  of  the  rate.  Wireless  tele- 
grams to  which  articles  7  and  8  of  the  Convention  of  St.  Petersburg 
are  applicable  shall  remain  subject,  however,  to  the  provisions  of  the 
International  Telegraph  Regulations,  except  when  the  acceptance  of 
such  telegrams  is. the  result  of  an  error  made  by  the  telegraph  sendee. 

2.  When  the  acknowledgment  of  receipt  o£  a  wireless  telegram  has 
not  reached  the  station  which  has  transmitted  the  telegram,  the 
charges  shall  be  refunded  only  if  the  fact  has  been  established  that 
the  wireless  telegram  is  entitled  to  reimbursement. 


-to' 


11.  Accounts  and  Payment  of  Charges. 
XXXVI. 

1.  The  coastal  and  shipboard  charges  shall  not  enter  into  the 
accounts  provided  for  by  the  International  Telegraph  Regulations. 

The  accounts  regarding  such  charges  shall  be  liquidated  by  the 
managements  of  the  wireless  telegraph  service  of  the  countries  con- 
cerned. They  shall  be  drawn  up  by  the  wireless  telegraph  manage- 
ment to  which  the  coastal  stations  are  subject,  and  communicated 
by  them  to  the  wireless  telegraph  managements  concerned. 

2.  For  transmission  over  the  lines  of  the  telegraph  system  wireless 
telegrams  shall  be  treated,  so  far  as  the  payment  of  rates  is  concerned, 
in  conformity  with  the  International  Telegraph  Regulations. 


174 

3.  For  wireless  teleorams  proceedinof  from  ships,  the  wireless  tele- 
graph management  to  which  the  shipboard  station  is  subject  shall  be 
charged  by  the  wireless  telegraph  management  to  which  the  coastal 
station  is  subject  with  the  coastal  and  ordinary  telegraph  rates 
charged  on  board  of  vessels. 

For  wireless  telegrams  intended  for  ships,  the  wireless  telegraph 
management  which  has  collected  the  fees  shall  be  charged  directly 
by  the  wireless  telegraph  management  to  which  the  coastal  station 
is  subject  with  the  coastal  and  shipboard  rates.  The  latter  shall 
credit  the  wireless  telegraph  management  to  which  the  vessel  is  sub- 
ject with  the  shipboard  rate. 

In  case  the  wireless  telegraph  management  which  has  collected  the 
charges  is  the  same,  however,  as  the  one  to  which  the  shipboard 
station  is  subject,  the  shipboard  rate  shall  not  be  charged  by  the 
wireless  telegraph  management  to  which  the  coastal  station  is  subject. 

4.  The  monthly  accounts  serving  as  a  basis  for  the  special  accounts 
of  wireless  telegrams  shall  be  made  out  for  each  telegram  separately 
with  all  the  necessary  data  within  a  period  of  six  months  from  the 
month  to  which  they  refer. 

5.  The  Governments  reserve  the  right  to  enter  into  special  agree- 
ments among  themselves  and  with  private  enterprises  (parties  oper- 
ating wireless  telegraph  stations,  shipping  companies,  etc.)  with  a 
view  of  adopting  other  provisions  with  regard  to  accounts. 

12.  Internation^vi,  Bureau. 
XXXVII. 

The  International  Bureau  of  Telegraphs  shall  be  entrusted  with 
the  duties  specified  in  Article  13  of  the  Convention,  subject  to  the 
consent  of  the  Government  of  the  Swiss  Federation  and  the  approval 
of  the  Telegraph  Union. 

The  additional  expenses  resulting  from  the  work  of  the  Interna- 
tional Bureau  so  far  as  wireless  telegraphy  is  concerned  shall  not 
exceed  40,000  francs  a  year,  exclusive  of  the  special  expenses  arising 
from  the  convening  of  the  International  Conference. 

These  expenses  shall  form  the  subject  of  a  special  account,  and  the 
provisions  of  the  International  Telegraph  Regulations  shall  be  appli- 
cable to  them.  Before  the  convening  of  the  next  Conference,  how- 
ever, each  contracting  Government  shall  notify  the  International 
Bureau  of  the  class  in  which  it  desires  to  be  entered. 

XXXVIII. 

The  management  of  the  wireless  telegraph  service  of  the  different 
countries  shall  forward  to  the  International  Bureau  a  table  in  con- 
formity with  the  annexed  blank,  containing  the  data  enumerated  in 
said  table  for  stations  such  as  referred  to  in  Article  IV  of  the  regula- 
tions. Changes  occurring  and  additional  data  shall  be  forwarded  by 
the  wireless  telegrajih  managements  to  the  International  Bureau 
between  the  1st  and  10th  day  of  each  month.  With  the  aid  of  such 
data  the  International  Bureau  shall  draw  up  a  list  which  it  shall  keep 


175 

up  to  date.  The  list  and  the  supplements  thereto  shall  be  printed 
and  distributed  to  the  Aviroless  tele<rr:ii)li  niiinii<!:enients  of  the  coun- 
tries concerned;  they  may  also  be  sohl  to  the  public  at  the  cost  price. 
The  International  Bureau  shall  see  to  it  that  the  same  call  letters 
for  several  wireless  telof;ra])h  stations  shall  not  be  adopted. 

13.  Miscellaneous  Provisions. 

XXXIX. 

The  managements  of  the  wireless  telegraph  serAdce  shall  give  to 
agencies  of  maritime  information  such  data  regarding  los.ses  and 
casualties  at  sea  or  other  information  of  general  interest  to  naviga- 
tion, as  the  coastal  stations  may  properly  report. 

XL. 

The  exchange  of  correspondence  between  shipboard  stations  .such 
as  referred  to  in  Article  1  of  the  Convention  shall  be  carried  on  in 
such  a  manner  as  not  to  interfere  wnth  the  service  of  the  coastal 
stations,  the  latter,  as  a  general  rule,  being  accorded  the  right  of 
priority  for  the  public  service. 

XLI. 

1.  In  the  absence  of  special  agreements  between  the  parties  con- 
cerned, the  provisions  of  the  present  Regulations  shall  be  applicable 
analogously  to  the  exchange  of  wireless  telegrams  between  two 
vessels  at  sea,  subject  to  the  following  exceptions: 

(a)  To  Article  XIV.  The  shipboard  rate  falling  to  the  transmit- 
ting ship  shall  be  collected  from  the  sender,  and  that  falling  to  the 
receiving  ship  shall  be  collected  from  the  addressee; 

(b)  To  Article  XVIII.  The  order  of  transmission  shall  be  regu- 
lated in  each  case  by  mutual  agreement  between  the  corresponding 
stations. 

(c)  To  Article  XXXVI.  The  rates  for  the  wireless  telegrams  in 
question  shall  not  enter  into  the  accounts  provided  for  in  that  article, 
such  charges  falling  to  the  Avireless  telegraph  managements  which 
have  collected  them. 

2.  Retransmission  of  wireless  telegrams  exchanged  between  ves- 
sels at  sea  shall  be  subject  to  special  agreements  between  the  parties 
concerned. 

XLII. 

The  provisions  of  the  International  Telegraph  Regulations  shall 
be  applicable  analogously  to  wireless  telegi-aph  correspondence  in  so 
far  as  they  are  not  contrary  to  the  provisions  of  the  present  regula- 
tions. 

In  conformity  with  Article  11  of  the  Convention  of  Berlin,  these 
Regulations  shall  go  into  elfect  on  the  first  day  of  July,  1908. 

In  witness  whereof  the  respective  plenipotentiaries  have  signed  one 
copy  of  the  present  Regulations,  which  shall  be  deposited  in  the 


176 


firchives  of  the  Imperial  Government  of  Germany,  and  a  copy  of 
which  shall  be  transmitted  to  each  of  the  Parties. 
Done  at  Berlin,  November  3,  1906. 

For  Germany: 


For  United  States: 


For  Argentina: 
For  Austria : 

For  Hungary : 

For  Belgium: 

For  Brazil: 
For  Bulgaria: 
For  Chile: 

For  Denmark: 

For  Spain: 


For  France: 


For  Great  Britain : 


For  Greece: 


Kraetke. 
Sydow. 

Charlemagne  Toweb. 
H.  N.  IVLa^nney. 
James  Allen. 
John   I.   Waterbuey, 

J.  Olml, 

Barth. 

Fries. 

Pierre  de  Szalat, 
Dr.  de  Hennyey. 
Hollos. 

F.  Delarge. 

E.  BUELS. 

Cesab  DE  Campos, 
Iv.  Stoyanovitch. 

J.  MUNOZ. 

J.  Mery. 

N.  R.  Meyer. 
I.  A.  Voehtz. 

Ignacio  Murgia. 
Kamon  Estrada. 
Rafael  Ra\'ena. 

ISIDRO  CaLVO. 

Manuel  Noriega. 

Antonio  Pelaez-Campomanes 

j.  bordelongue. 
L.  Gaschard. 
Boulangee. 
A.  Devos. 

H.  Babington  Smith. 
A.  E.  Betiiell. 

R.  L.  HiPPISLEY. 

T.  Aegyropoulos, 


177 


For  Italy: 
For  Japan: 


For  Mexico: 
For  Monaco: 
For  Norway: 

For  Netherlands! 

For  Persia: 
For  Portugal: 
For  Roumania: 
For  Russia: 


For  Sweden: 

For  Turkey: 
For  Uruguay: 

76S44— S.  Doc  1063,  62-5 12 


J.  Colombo^ 

OSUKE  ASANO. 
ROKURE  YaSHIRO. 

Shunkicii;  Kimdra. 
Zmo  Tanaka. 
Saburo  Hyakutakb. 

Jose  M.  Perez. 

J,  Depelley. 

Heftye, 

O.  T.  ElDEM. 
KJRUYT. 

Perk. 

HOVEN. 

HovHANNES  Khan. 
Paulo  Benjamin  Cabrau 
Gr.  Cerkez. 

A.   ElCHHOLZ. 
A.   EULER. 

Victor  Bilibinb. 
A.  Remmert. 
W.  Kedrine. 

Herman  Rydin. 
A.  Hamilton. 

Nazif  Bey. 

F.  A.  CosTANza, 


178 

ISupplement  to  Article  XXXVIII  of  the  Regulations.) 

Wireless  telegraph  management  of 

Descriptive  Ust  of  loireless  telegraph  stations. 

(a)     COASTAL    STATIONS. 


Name. 


C3 

B 


c 
o 


•a 

o 

3 
p. 

d 

s 

a 


(3 


P 


o 


J2 
a 


"3 


C3  O 
C  teg 

m   M    O 
S    3    J- 


c  P 


2^ 
3  o 


^  bo 

ten 

C   O^ 


p.  C3   O 


"5 

u 
3    . 

—  a 

G   O 

^  >^ 

u 

3 


o.: 


11 
o  a 


a 

CUO 

n   . 

■^^  -S 
5  OS 
«  •- 

sa 


o 
O 


a 


(b)    SHIPBOARD    STATIONS. 


Name. 


C3  0> 

&■§ 

«  '^ 

^■a 

.5  a 

>> 

2  ° 

4-3 

v:  'S 

1 

H   (O   OT 

1.9 1 

;? 

S 

o 

a 

o 

J3 

o 
a> 

a 

09 


<D 

UJ 

s 

c3 

o 

■»-i 

a 

i 

o 

o 

z 

p. 


^•3 
0.0' 
03  C 

£;-  " 

I-  o 


tn  m  ° 
35S 


(1)  War  vessels. 


(2)  Merchant  vessels. 


a^ 

tea 

B  <I>  ^ 

?  o 
®  >  fc- 
>  03  O 


—  B 
a>  o 

©    CO 

o-Q 


■Sa 


3 
o 

a 


a 

a 

a 

C3  Q 

^a 

■-  3 

^B 

o! 
O 

.o 
c 

3 
w 


179 

Extract  from  the  International  Telegraph  Convention,  Signed 
AT  St.  Petersburg,  July  10-22,  1875. 

[See  article  17  of  the  convention.] 


Abticles. 


I.  Right    to   correspond    by    liiter- 
untional  telegraphs. 
II:  Secrecy  and  safety  of  transmis- 
sion of  messages. 
III.  Responsibility  as  regards  service. 

V.  Classitication  of  telegrams. 
VI.  Exchange  of  telegrams  in  secret 
language. 
VII.  liight  to  intercept  private  tele- 
grams which  may  ap{)ear  dan- 
gerous or  contrary  to  laws  of 
the  country. 


VIII. 
XI. 

XII. 
XVII. 


Right  to  suspend  service. 

Transmission  of  telegrams  re- 
lating to  telegraph  service. 

Accounts. 

Reservation  with  respect  to 
special  agroemonts  regarding 
service  which  do  not  interest 
States  generally. 


Article  1. 

The  High  Contracting  Parties  concede  to  all  persons  the  right  to 
correspond  by  means  of  the  international  telegraphs. 

Article  2. 

They  bind  themselves  to  take  all  the  necessary  measures  for  the 
purpose  of  insuring  the  secrecy  of  the  correspondence  and  its  safe 
transmission. 

Article  3. 

They  declare,  nevertheless,  that  they  accept  no  responsibility  as 
regards  the  international  telegraph  service. 

Article  5. 

Telegrams  are  classed  in  three  categories: 

1.  State  telegrams :  those  emanating  from  the  Head  of  the  Nation, 
the  Ministers,  the  Commanders-in-Chief  of  the  Army  and  Naval 
forces,  and  the  Diplomatic  or  Consular  Agents  of  the  Contracting 
Governments,  as  well  as  the  answers  to  such  telegrams. 

2.  Service  telegrams :  those  which  emanate  from  the  Managements 
of  the  Telegraph  Service  of  the  Contracting  States  and  which  relate 
either  to  the  international  telegraph  .service  or  to  subjects  of  public 
interest  determined  jointly  by  such  Managements. 

3.  Private  telegrams. 

In  (ho  transmission,  the  State  telegrams  shall  have  precedence  over 
other  telegrams. 

Article  6. 

State  telegrams  and  service  telegrams  may  be  issued  in  secret  lan- 
guage, in  any  communications. 

Private  telegrams  may  be  exchanged  in  secret  language  between 
two  States  which  admit  of  this  mode  of  correspondence. 


180 

The  States  which  do  not  admit  of  private  telegrams  in  secret 
language  upon  the  expedition  or  arrival  of  the  same,  shall  allow 
them  to  pass  in  transit,  except  in  the  case  of  suspension  defined  in 
-article  8. 

Article  7. 

The  High  Contracting  Parties  reserve  the  right  to  stop  the  trans- 
mission of  any  private  telegram  which  ma}^  appear  dangerous  to  the 
safely  of  the  State,  or  which  may  be  contrary  to  the  laws  of  the 
country,  to  public  order  or  good  morals. 

Article  8. 

Each  Government  also  reserves  the  right  to  suspend  the  inter- 
national telegraph  service  for  an  indefinite  period,  if  deemed  neces- 
sary by  it,  either  generally,  or  only  over  certain  lines  and  for  certain 
classes  of  correspondence,  of  which  such  Government  shall  imme- 
diately notify  all  the  other  Contracting  Governments, 

Article  11. 

Telegrams  relating  to  the  international  telegraph  service  of  the 
Contracting  States  shall  be  transmitted  free  of  charge  over  the  entire 
systems  of  such  States. 

Article  12. 

The  High  Contracting  Parties  shall  render  accounts  to  one  another 
of  the  charges  collected  by  each  of  them. 

Article  17. 

The  High  Contracting  Parties  reserve  respectively  the  right  to 
enter  among  themselves  into  special  arrangements  of  any  kind  with 
regard  to  points  of  the  service  which  do  not  interest  the  States 
generally. 

And  whereas,  the  said  convention,  with  service  regulations  an- 
nexed thereto,  the  supplementary  agreement,  and  the  final  protocol 
have  been  ratified  by  the  Government  of  the  United  States,  by  and 
with  the  advice  and  consent  of  the  Senate  thereof,  and  by  the  Gov- 
ernments of  Germany,  the  Argentine  Republic,  Austria,  Hungary, 
Belgium,  Brazil,  Bulgaria,  Denmark,  Spain,  France,  Great  Britain, 
Japan,  Mexico,  Monaco,  Norway,  Netherlands,  Persia,  Portugal, 
"Roumania,  Russia,  Sweden,  and  Turkey,  and  the  ratifications  of  the 
said  Governments  were,  by  the  provisions  of  Article  23  of  the  said 
convention,  deposited  by  their  respective  Plenipotentiaries  with  the 
German  Government; 

And  whereas,  the  said  convention  has  been  adhered  to  bv  the  Gov- 
ernments  of  IVforocco  and  Zanzibar,  by  the  Government  of  Austria- 
Hungary  on  behalf  of  Bosnia  and  Herzegovina,  by  the  Government 
of  Belgium  on  behalf  of  the  Kongo  Colony,  by  the  Government  of 
Great  Britain  on  behalf  of  tlic  South  African  Union,  by  the  Govern- 
ment of  Japan  on  behalf  of  Korea,  Formosa,  the  Japanese  part  of 


181 

Sagrhnlin  Island  and  the  leased  portion  of  the  Kwan^ung  Peninsula, 
by  the  Government  of  the  Netherlands  on  behalf  of  the  Dutch  Indies 
and  Curasao  Colony,  and  by  the  Government  of  Portugal  on  behalf 
of  Angola,  Mozambique,  Cape  Verde  Islands,  Guinea,  St.  Thomas 
and  Prince's  Islands,  Goa,  Damao,  Diu,  Macao,  and  Timor; 

Now,  TiiEREKORK,  be  it  Icnown  that  I,  William  Howard  Taff, 
President  of  the  United  States  of  America,  have  caused  the  said  con- 
vention and  annexes  to  be  made  public,  to  the  end  the  same  and  every 
article  and  clause  thereof  may  be  observed  and  fulfilled  with  good 
faith  by  the  United  States  and  the  citizens  thereof. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused 

the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  twenty-fifth  day  of  May  in 

the  year  of  our  Lord  one  thousand  nine  hundred  and  twelve, 

[seal.]     and  of  the  Independence  of  the  United  States  of  America 

the  one  hundred  and  thirty -sixth. 

Wm  H  Taft 
By  the  President : 
P  C  Knox 

Sea^etary  of  State 


INDEX. 

Treaties,  conventions,  protocols,  and  agreements  in  forct. 


Abduction —  '*»s«. 

extxadition  of  hij^itives  for  crime  of,  Dominican  Republic,  1909 27 

France,  1909 34 

Abortion — 

extradition  of  fugitives  for  crime  of,  Dominican  Republic,  1909 ,  26 

France,  1909 34 

Honduras,  1909 72 

Salvador,  1911 107 

Accessory — 

subject  to  extradition,  Dominican  Republic,  1909 27 

Honduras,  1909 73 

Salvador,  1911.... 108 

Agreement.    (<See  Conventions.) 
Arbitration — 

agreement  for  extension  of,  convention  with  France,  1913 38 

boundary  line  in  Passamaquoddy  Bay  not  submitted  to,  Great  Britain, 

1910 48 

Chamizal  tract,  Mexico,  1910 91 

convention  for,  with  Brazil,  1909 21 

with  Brazil,  1909,  period  in  force 22 

with  Ecuador,  1909 31 

differences  submitted  to,  Brazil,  1909 21 

Ecuador,  1909 31 

to  be  defined  by  special  agreement,  Brazil,  1909 22 

Ecuador,  1909 31 

pecuniary  claims,  international  convention  for,  190G 121 

pecuniary  claims  signed  at  Mexico  continued  in  force,  except  article  3, 

1906 122 

pecuniary  claims  submitted  to,  vmder  certain  provisions,  Great  Britain, 

1910 50 

pecuniary  claims,  schedule  of.  Great  Britain,  1910 52 

pecuniary  claims,  terms  of  submission.  Great  Britain,  1910 55 

period  in  force  of,  convention  with  Brazil,  1909 20 

period  in  force  of,  convention  with  Ecuador,  1909 31 

wireless  telegraphy,  differences  as  to  regulations  submitted  to,  190G 155 

Artistic  works,  rights  of  authors  in,  Austria-IIungary  convention,  1912 17 

Arson,  extradition  of  fugitives  for  crime  of,  Dommican  Republic,  1909 26 

France,  1909 34 

Honduras,  1909 72 

Salvador,  1911 107 

Assault  on  board  ships,  extradition  of  fugitives  for  crime  of,  Dominican  Re- 
public, 1909 26 

Assistance  and  salvage — 

amount  and  apportionment  of  remuneration  for,  how  fixed,  1911 141 

annullmcnt  of  agreement  for,  1911 141 

convention  with  respect  to,  not  applicable  to  ships  of  war,  1911 143 

convention  with  respect  to,  not  to  affect  national  laws  or  treaties  as  to 

oi^ranization  of  services  of,  1911 142 

equitable  remuneration  for,  1911 140 

international  convention  with  nspect  to,  1911 137 

extended  to  colonies,  1911 149 

how  modified  or  extended,  1911 143 

roport  of  American  delegation,  1911 146,147, 148,149 

limitation  of  actions  to  recover  for,  1911 142 

mastrrs  of  vesstls  bound  to  render,  1911 142 

owner  of  vessel  not  liable  for  failure  of  master  to  render,  1911 142 

peraons  whom  the  proviaious  of  convention  with  respect  to,  apply,  1911..  143 

CD 


Treaties,  convenHons,  protocols,  and  agreements  in  force. 

Assistance  and  salvage — Continued.  Page. 

remiineration,  right  to,  who  has,  1911 141 

for  saving  lives,  1911 142 

■when  fixed  by  the  court,  basis  of ,  1911 141 

vessels  subject  to  provisions  regulating,  1911 140 

Austria-Hungary,  cop>Tight  conveu^ou,  1912 17 

Authors,  rights  of,  under  copyright  convention  of  1912,  with  Austria-Hungary.  17 
Bering  Sea — 

pelagic  sealing  prohibited  in,  Great  Britain,  1911 57 

pelagic  sealing  prohibited  in,  July  7,  1911 61 

Bigamy — 

extradition  of  fugitives  for  crime  of,  Dominican  Republic,  1909 26 

France,  1909 34 

Honduras,  1909 72 

Salvador,  1911 107 

Boundary  line — 

Passamaquoddy  Bay,  defined.  Great  Britain,  1910 48,  49 

commissioners'  failure  to  fix  in.  Great  Britain,  1910 48 

convention  with  Great  Britain,  1910,  concerning,  in 47 

laid  down  and  marked,  Great  Britain,  1910 49 

not  submitted  to  arbitration.  Great  Britain,  1910 48 

Boundary  waters  (Canada) — 

convention  with  Great  Britain  concerning,  1909 39 

definition  of.  Great  Britain,  1909 39 

existing  territorial  or  riparian  rights  in,  not  affected  by  treaty  of  1909  with 

Great  Britain 47 

international  joint  commission  to   approve  use  of,  under  certain  condi- 
tions, Great  Britain,  1909 41 

jurisdiction  and  control  over  use  and  diversion  of.  Great  Britain,  1909 40 

limitation  of  use  of,  not    to    interfere    with    Government    works.    Great 

Britain,  1909 41 

pollution  of,  not  permitted.  Great  Britain,  1909 41 

remedial  or  protective  works  or  dams  not  to  change  level  of.  Great  Britain, 

1909 41 

special  agreements  to  include  reciprocal  legislation.  Great  Britain,  1909...  45 

to  remain  free  and  open  to  commerce.  Great  Britain,  1909 40 

use,  obstruction    or   diversion    of,  not    to   affect  natural  level  or    flow, 

except.  Great  Britain,  1909 40,41 

Brazil — 

arbitration  convention,  1909 21 

natiiralization  convention,  1908 19 

Breaking  and  entering  public  offices — 

extradition  of  fugitives  for  crime  of,  Dominican  Republic,  1909 26 

Honduras,  1909 72 

Salvador,  1911 107 

Burglary — 

definition  of,  Dominican  Republic,  1909 26 

Honduras,  1909 72 

Salvador,  1911 107 

extradition  of  fugitives  for  crime  of,  Dominican  Republic,  1909 26 

France,  1909 34 

Honduras,  1909 72 

Salvador,  1911 107 

Canada — 

convention  with  Great  Britain  concerning  boundary  waters  between  the 

United  States  and,  1909 39 

resolution  of  ratification  of  treaty  with  Great  Britain,  1909,  concerning 

boundary  waters 46 

Carnal  knowledge  of  children — 

extradition  of  fugitives  for  crime  of,  Dominican  Republic,  1909 26 

Honduras,  1909 72 

Salvador,  1911 107 

Chamizal  tract — 

convention  for  arbitration  of,  Mexico,  1910 91 

decision  of  international  boundary  commission  to  be  final,  Mexico,  1910...  92 


in 

Treaties,  conventions,  protocols,  and  agreements  in  force. 

Chamizal  tract — Continued.                                                                                  ^  Page. 
enlarj^enient  of  international  boundary  commission  to  arbitrate,  Mexico, 

1910 92 

execution  of  award  with  respect  to  Mexico,  1910 93 

expenses  of  arbitrating,  Mexico,  1910 93 

in  arbitration  of,  governments  to  bo  represented  by  counsel,  Mexico,  1910. .  92 

location  of,  delincd,  Mexico,  1910 91 

previous  agreements  and  propositions  for  settlement  void,  Mexico,  1910...  93 

submission  of  evidence  for  arbitration  of,  Mexico,  1910 92 

Child-stealing — 

extradition  of  fugitives  for  crime  of,  France,  1909 34 

Dominican  Kepublic,  1909 27 

Citizen — 

defined,  naturalization  convention  with  Brazil,  1 908 20 

naturalization  convention  with  Costa  Rica,  1911 24 

naturalization  convention  with  Nicaragua,  1908 96 

declaration  of,  has  not  the  effect  of  naturalization,  Costa  Rica,  1911 24 

Nicaragua,  1908 96 

naturalization  of,  considered  renounced,  when,  1906 126 

naturalized,  status  of,  how  acquired,  Brazil,  1908 20 

naturalized,  status  determined  by  international  convention,  1906 125 

naturalized,  who  considered,  under  treaty  with  Brazil,  1908 19 

not  liable  to  punLshment  for  emigration,  Costa  Rica,  1911 24 

N  icaragua,  1908 96 

powers  not  bound  to  deliver  their  own,  as  fugitives  for  extradition,  France, 

1909 35 

Dominican  Republic,  1909 28 

Honduras,  1909 74 

Salvador,  1911 109 

presumption  as  to  status  of  naturalized,  1906 126 

presumption  as  to  renunciation  of  naturalization  by,  Brazil,  1908 20 

Costa  Rica,  1911 23 

punL<!hment  of,  for  action  before  emigration,  BrazU,  1908 20 

Costa  Rica 24 

renunciation  of  naturalization  by,  Brazil,  1908 19 

Costa  Rica,  1911 23 

Claims.     (See  Pecuniary.) 

Coastal  stations,  defined  in  international  wireless  convention,  ]906 152 

Coasting  trade,  vessels  engaged  in,  subject  to  laws  of  respective  nations,  Japan, 

1911 80 

Colonies — 

proceedings  incident  to  extradition  in,  France,  1909 37 

international  convention  respecting  assistance  and  salvage  extended  to, 

1911 149 

Commerce — 

boundary  waters  open  for  purposes  of,  Great  Britain,  1909 40 

equality  of  treatment  in  respect  to  importing  and  exporting,  Japan,  1911..  79,  80 

equality  of  treatment  in  respect  to  warehousing,  etc.,  Japan,  1911 79 

import  duties  on  article  of,  Japau,  1911 79 

exempt  from  transit  duty,  Japan,  1911 79 

Commerce  and  navigation — 

coasting  trade  vessels  engaged  in,  subject  to  laws  of  respective  nations, 

Japan,  1911 80 

companies  and  associations  engaged  in,  subject  to  laws  of  respective  nations, 

Japan,  1911 79 

convention  with  Japan  concerning,  1911 77 

not  to  repeal  or  affect  the  immigration  laws  of  the  United  States,  1911.  82 

of  Novemlier  22,  1894.  superseded 81 

convention  with  Rus.sia,  1832,  terminated 98 

equality  of  duties  of  tonnage,  etc.,  for  vessels  engaged  in,  Japan,  1911....  80 

freedom  of,  to  be  reciprocal,  Japan,  1911 78 

most  favored  nation  clause  in  treaty  of,  witJi  Japan,   1911 81 

nationality  of  vessels  eng-aged  in,  how  determined,  Japan,  1911 80 

property  of  aliens  engaged  in  to  be  respected,  Japan,  1911 78 

prixdlege  of,  provided  for,  Japan,  1911 77 

privilege  of  patents,  trade-marks,  etc.,  to  be  enjoyed  equally  by  contracting 

parties,  Japan,  1911 81 


IV 

Treaties,  conventions,  protocols,  and  agreements  in  force. 

Commerce  and  na\ngation — Continued.  Page. 
vessels  of  postal  sen-ice  engaged  in,  to  enjoy  same  facilities,  etc.,  as  tliose 

of  most  favored  nation,  Japan,  1911 80 

Consuls — 

appointment  of.  pro^^ded  for.  Japan,  1911 78 

appointment  of  aeputies  by,  Sweden,  1910 114 

authority  to  attest  deeds,  testaments,  etc.,  of  their  countrymen,  Sweden, 

1910 115 

authorized  to  take  depositions  of  country-men,  Sweden,  1010 115 

authority  of,  to  cause  arrest  of  officers,  sailors,  and  others  charged  with 

desertion,  Sweden,  1910 116 

to  take  cognizance  of  disputes  arising  in  connection  with  shipping, 

Sweden,  1910 115 

to  direct  proceedings  relative  to  salvage,  Sweden,  1910 116 

to  take  cnarge  of  property   of  deceased   citizens,   and   notify  heirs, 

Sweden,    1910 117 

convention  for  recognition  of,  with  Sweden,  1910 112 

offices  of,  shall  be  at  all  times  inviolable,  Sweden,  1910 114 

performance  of  duties  of,  in  case  of  death,  incapacitv,  or  absence,  Sweden, 

1910 ■ 114 

testimony  and  deposition  by,  Sweden,  1910... 113 

to  enjoy  same  pri\'ile^es,  exemptions,  and  immunities  as  those  of  most 

favored  nation,  Sweden,  1910 113 

to  exliibit  arms  of  nation,  and  fly  flag  of  their  country,  Sweden,  1910 114 

to  protect  interests  of  countrymen,  Sweden,  1910 114 

Convention — 

arbitration — asrreement  for  extension  of,  with  France,  1913 38 

Brazil,  1909 21 

Ecuador,  1909 31 

of  pecuniary  claims  with  Great  Britain,  1910 50 

assistance  and  salvage,  international,  with  respect  to,  1911 137 

boundary  line  in  Passamaquoddy  Bay,  with  Great  Britain,  1910 47 

boundary  waters — between  the  United  States  and  Canada — with  Great 

Britain,  1909 39 

Chamizal  tract,  with  Mexico,  1910 91 

consuls,  with  Sweden,  1910 112 

commerce  and  navigation,  with  Japan,  1911 77 

cop>Tight,  with  Austria-Hungary 17 

extradition,  with  Dominican  Republic,  1909 25 

France,  1909 33 

Honduras,  1909 71 

Salvador,   1911 106 

fur  seals;  with  Great  Britain  concerning,  1911 56 

Great  Britain,  Japan,  and  Russia,  July  7,  1911 60-84,99 

international  law  commission,  1906 129 

international,  wireless,  1906 151 

pecuniary  claims,  1906 121 

naturalization,  with  Brazil,  1908 19 

Costa  Rica,  1911 23 

Nicaragua,  1908 95 

naturalized  citizens  established  by  international,  1906 125 

obscene  publications,  international,  with  reference  to,  1910 133 

chronological  list  of 12-13 

Copyright  convention,  Austria-Hungary,  1912 17 

Copyright- 
enjoyment  of,  subject  to  performance  of  conditions  in  local  laws  and  regu- 
lations, Austria-Hungary 18 

term  of  protection  of,  Austria-Hungary 18 

Co?ta  Rica,  naturalization  convention,  1911 23 

Counterfeiting — 

extradition  of  fugitives  for  crime  of,  Dominican  Republic,  1909 26 

France,  1909 34 

Honduras,  1 909 72 

Salvador,  1911 J07 


V 

Treaties,  conventions,  protocols,  and  agreements  in  force. 

Crimes  committed  at  sea —  Page. 

enumeration  of,  Dominican  Republic,  1909 -6 

Honduras,  1909 72 

Salvador,  1911 107 

extradition  of  fugitives  for,  Dominican  Republic,  I'M) 26 

Salvador,  1911 107 

Crimes — 

enumeration  of,  in  extradition  convention  with  Dominican  Republic,  1909.  26 

in  extradition  convention  with  France,  1909 34 

in  extradition  convention  with  Honduras,  1909 72 

Salvador,  1911 - 107 

fugitive  accessory  to,  subject  to  extradition,  Dominican  Republic,  1909..  27 
when  exempt  under  local  law,  fugitive  not  to  be  extradited  for,  Dominican 

Republic,  1909 27 

Destruction  of  railroads — 

extradition  of  fugitives  for  obstruction  or,  Dominican  Republic,  1909 26 

France,   1909 34 

Honduras,  1909 ' 72 

_  Salvador,  1911 107 

Dominican  Republic,  extradition  convention,  1909 25 

Dramatic  works,  rights  of  authors  in,  Austria-Hungary  convention,  1912 17 

Ecuador,  arbitration  convention,  1909 31 

Embezzlement — 

extradition  of  fugitives  for  crime  of,  Dominican  Republic,  1909 26-27 

France,  1909 34 

Honduras,  1909 72-73 

Salvador,  1911 108 

Emigration — 

citizens  not  liable  to  punishment  for,  Costa  Rica,  1911 24 

Brazil,  1908 20 

Nicaragua,  1908 96 

England.     {See  Great  Britain.) 
Extradition — 

convention  for,  with  Dominican  Republic,  1909 25 

France,  1909 33 

Honduras,  1909 71 

Salvador,  1911 106 

crimes  enumerated  for  which  fugitives  are  subject  to,  Dominican  Republic, 

1909 26 

France,  1909 34 

Honduras,  1909 72 

Salvador,  1911. 107 

detention  and  examination  of  fugitive  pending  arrival  of  legal  evidence  for, 

Dominican  RepubHc,  1909 29 

France,  1909 35 

Honduras,  1909 75 

Salvador,  1911 110 

disposition  of  property  found  on  fugitive  surrendered  for,  Duniinican  Re- 
public, 1909 28 

France,  1909  i 36 

Honduras,  1909 74 

Salvador,  1911 109 

expense  incident  to,  paid  by  Government  making  deuiand  fur,  Dominican 

^             RepubHc,  1909 28 

i                 France,  1909 37 

«                 Honduras,  1909 74 

Salvador,  1911 109 

fees  of  ofhcers  assisting  in  proceedings  for,  Dominican  Republic,  1909 29 

France,  1909 37 

Salvador,  1911 1]  1 

fugitive  accessor}'  subject  to,  Dominican  Republic,  1909 27 

France,  1909 35 

Honduras.  1909 73 

Salvador,  1911 108 


▼I 

Treaties,  conventions,  protocols,  and  agreements  in  force. 

Extradition — Continued.  Page- 

fugitive  surrendered  for,  to  power  making  first  demand,  Dominican  Repub- 
lic, 1909  28 

France,  1909 36 

Honduras,  1 909 74 

Salvador,  1911 ]09 

fugiti^•e  charged  with  crime  or  offense  of  political  character  not  subject  to, 

Dominican  Republic,  1909 27 

France,  1909 36 

Honduras,  1909 73 

Salvador,  1911. 108 

fugitive  exempt  from,  if  already  tried  in  coimtry  of  refuge,  France,  1909. .  36 

fugitives  not  to  be  surrendered  for,  if  exempt  from  prosecution  under  laws 

of  place  where  crime  was  committed,  Dommican  Republic,  1909 27 

France,  1909 36 

Honduras,  1909 •     73 

Salvador,  1911 109 

fugitive  to  be  tried  only  for  crime  surrendered  for,  Dominican  Republic, 1909  27 

France,  1909 36 

Honduras,  1909 73 

Salvador,  1911 109 

nature  of  evidence  required  for,  Dominican  Republic,  1909 25 

France,  1909 33 

Honduras,  1909 75 

Salvador,  1911 IW,  107 

oflBcers  of  country  to  assist  in  proceedings  for,  Dominican  Republic,  1909 29 

Honduras,  1909 _ 74 

pending  prosecution  in  country  of  asylum,  fugitive  not  to  be  surrendered 

for,  Dominican  Republic,  1909 28 

France,  1909 36 

Honduras,  1909 74 

Salvador,  1911 109 

persons  committing  political  offenses  surrendered  by,  not  to  be  tried  oi 

punished,  Dominican  Republic,  1909 27 

France,  1909 35 

Salvador,  1911 108 

persons  subject  to,  Dominican  Republic,  1909 25 

France,  1909 33 

Honduras,  1909 71 

Salvador,  1911 106 

powers  not  bound  to  deliver  their  own  citizens  for,  Dominican  Republic, 

1909 28 

France,  1909 35 

Eonduraa,  1909 74 

Salvador,  1911 109 

proceedings  incident  to,  in  colonies,  France,  1909 37 

procedure  for  surrender  of  fugitive  for,  Dominican  Republic,  1909 28-29 

France,  1909 35 

Honduras,  1909 74 

Salvador,  1911 -. 110 

third    power   may    convey    fugitives   tlirough    contracting   countries   for, 

Salvador,  1911 Ill 

to  be  made  in  conformity  with  laws  of  respective  States,  France,  1909 35 

Salvador,  1911 110 

False  pretenses — 

extradition  of  fugitives  for  crime  of  obtaining  money,  etc.,  bv,  Dominican 

Republic,  1909 .' 27 

France,  1909 34 

Honduras,  1909 73 

Salvador,  1911 108 

Feea — 

charged  by  oflScers  assisting  in  extradition  proceedings,  Dominican  Re- 
public, 1909 29 

France,  1909 37 

Hondiu-as,  1909 75 

Salvador,  1911 Ill 


vn 

Treaties,  conventions,  protocols,  and  agreements  in  force. 

Page. 

Fisheries,  convention  with  Great  Britain  concerning  North  Atlantic  coast,  1912.  66 
Forgery  of  official  acts- 
extradition  of  fugitives  for  crime  of,  Dominican  Republic,  1909 26 

Honduras,  1909 72 

Salvador,  1911 107 

Forgery- 
extradition  of  fugitives  for  crime  of,  Dominican  Republic,  1909 26 

France,  1909 34 

Honduras,  1909 72 

Salvador,  1911 107 

France — 

extradition  convention,  1909 33 

agreement  for  extension  of  arbitration  convention  with,  1913 38 

Fraud — 

extradition  of  fugitives  for  crime  of,  Dominican  Republic,  ]909 27 

France,  1909 34 

Honduras,  1909 73 

Salvador,  1911 108 

Fugitives — 

convention  with  Dominican  Republic,  1909,  for  extradition  of 25 

detention  and  examination  of,  pending  arrival  of  legal  evidence,  for  extra- 
dition, Dominican  Republic,  1909 29 

France,  1909 35 

Honduras,  1909 75 

Salvador,  1911 110 

disposition  of  property  found  on,  at  time  of  arrest,  Dominican  Republic, 

1909 28 

France,  1909 36 

Honduras,  1909 74 

Salvador,  1911 109 

exempt  from  extradition  if  already  tried  in  country  of  refuge,  France,  1909. .  36 
expenses  incident  to  extradition  of,  to  be  paid  by  Government  making 

demand,  Dominican  Republic,  1909 28 

France,  1909 37 

Honduras,  1909 74 

Salvador,  1911 109 

evidence  required  to  justify  extradition  of,  Dominican  Republic,  1909. ...  25 

France,  1909 33 

Honduras,  1 909 74 

Salvador,  1911 107 

extradition  of,  to  be  in  conformity  with  laws  of  respective  States,  France, 

1909 35 

not  to  be  surrendered  for  political  offenses,  Dominican  Republic,  1909 27 

France,  1909 35 

Honduras,  1909 73 

Salvador,  1911. 108 

not  to  be  surrendered  if  exempt  from  punishmejit  under  laws  of  place  where 

crime  was  committed,  Domiiiicar.  Republic,  1909 27 

France,  1909 35 

Honduras,  i909 73 

Salvador,  1911 109 

officers  of  country  to  assist  in  proccelii.gs  for  extradition  of,  Dominican 

Republic,  1909 7 29 

Hoiidura.s.  1 909 74 

Salvador,  1911 110 

pending  prosecution  in  country  of  asylum,  not  surrendered,  Dominican 

Republic,  1909 28 

France,  1909 36 

Honduras,  1 909 73 

Salvador,  1911 109 

powers  not  bound  to  deliver  for  extradition  their  own  citizens  as,  Domini- 
can Republic,  1909 28 

France,  1 909 35 

Salvador,  1911 109 

proceedings  incident  to  extradition  of,  in  colonies,  France,  1909 37 


vrn 

Treaties,  conventions,  protocols,  and  agreements  in  force. 

Fugitivea — Continued.  Page, 

procedure  for  surrender  of,  for  extradition,  Dominican  Republic,  1909 28-29 

France,  1909 35 

Honduras,  1909 74 

Salvador,  1911 110 

third  power  may  convey,  through  contracting  countries  for  extradition, 

Salvador,  1911 Ill 

to  be  surrendered  to  power  making  first  demand — exceptions — Dominican 

Repub  lie,  1909 " 28 

France,  1909 36 

Honduras,  1 909 74 

Salvador,  1911 109 

to  be  tried   only  for  crime  for  which  snrrf^ndered,  Dominican  Republic, 

1909 27 

France,  1909 35 

Salvador,  1911 109 

Fur  seals — 

convention  with  Great  Britain  concerning,  1911 56 

convention;  with  Great  Britain,  Japan,  and  Russia  concerning,  July  7, 

1911 60,84,99 

(See  also  Pelagic  sealing.) 

number  of  skins  allowed  to  be  taken,  Great  Britain,  1911 57 

July  7, 1911 62 

payment  in  lieu  of  skins.     Great  Britain,  1911 58 

payment  in  lieu  of  skins,  July  7,  1911 63,  64,  65 

skins  unlawfully  taken  to  be  refused  importation,  July  7,  1911 61 

Great  Britain — 

convention,  for  arbitration  of  pecuniary  claims,  1910 50 

concerning    the    boundary  waters    between  the    United    States  and 

Canada,  1909 39 

concerning  fur  seals,  with,  1911 56 

concerning  fur  seals,  July  7,  1911 60 

concerning  North  Atlantic  coast  fisheries,  1912 66 

cdefining  boundary  line  in  Passamaquoddy  Bay,  1910 47 

resolution  of  ratification  of  treaty  with,  concerning  boundary  waters,  1909 . .  46 
Government  works  (Canada),  limitation  of  use  of  boundary  waters  not  tx)  inter- 
fere with.  Great  Britain,  1909 41 

Hague,  The,  tribunal — 

differences  to  be  submitted  to,  under  treaty  with  Brazil ,  1909 21 

Ecuador,  1909 31 

to  be  defined  by  special  agreement 22 

Ecuador,  1909 31 

Honduras,  extradition  convention  with,  1909 71 

Housebreaking,  extradition  of  fugitives  for  crime  of,  France,  1909 34 

Hungary  (see  Austria). 

Immigration  laws,  not  repealed  or  affected  by  provisions  of  convention  of  com- 
merce and  na^dgation  with  Japan,  1912 82 

Import  duties,  articles  of  commerce,  Japan,  1911 79 

Indians,  excepted  from  prohibition  against  pelagic  sealing,  July  7,  1911 57,  61 

International  conventions.     (See  Conventions.) 
International  Boundary  Commission — 

expense  of,  paid  by  both  Governments  equally,  Mexico,  1910 93 

Filling  vacancies  on,  Mexico,  1910 93 

for  arbitrating  chamizal  tract  enlarged,  Mexico,  1910 92 

must  be  fully  constituted  to  render  valid  decision,  Mexico,  1910 92 

time  and  place  of  sessions  of,  Mexico,  1910 93-94 

valid  decision  of,  to  be  final,  Mexico,  1910 92 

Mexico  and  United  States  to  be  represented  before,  by  agents  and  covmsel, 

Mexico,  1910 92 

International  bureau — 

duties  of,  in  respect  to  wireless  telegraphy,  1906 . 154 

expenses  of,  1906 154 

International  joint  commission,  to  approve  use,  obstruction,  or  diversion  of 

boundary  waters  affecting  level  or  flow.  Great  Britain,  1909 41 

establishment  and  personnel  of.  Great  Britain,  1909 42 


Treaties,  conventions,  protocols,  and  agreements  in  force. 

International  joint  commission,  etc. — Continued.  Pag*. 

expenses  and  salaries  of,  Great  Britain,  1909 45 

jurisdiction  of.  Great  Britain,  1909 42-43 

legislation  to  be  adopted  to  carry  out  powers  of,  Great  Britain,  1909 45 

powers  of,  Great  Britain,  1909 44^5 

powers  of  umpire  witli  respect  to,  Great  Britain,  1909 44 

rules  and  principles  to  govern.  Great  Britain,  1909 43-45 

reference  of  differences  to.  Great  Britain,  1909 44 

reports  of,  how  regarded.  Great  Britain,  1909 44 

transmiiision  of  decision  of.  Great  Britain ,  1909 45 

organization  and  meeting  place  of,  Great  Britain ,  1909 45 

umpire  to  be  selected  when  divided,  Great  Britain,  1909 44 

when  divided  may  submit  separate  reports  to  home  government,  Great 

Britain  ,1909 44 

International  law — 

codes  of  private  and  public,  to  be  drafted,  190G 130 

principles  of,  agreed  upon  by  commission  to  be  embodied  in  treaties,  1906..  131 
International  Law  Commiasion — 

establishment  of,  and  qualification  of  members,  1906 130 

international  convention  in  reference  to,  1906 129 

members  of,  how  appointed,  1906 130 

rules  of  procedure  of,  1906 130 

time  and  place  of  meetings  of,  1906 130 

to  consider  treaties,  conventions,  and  national  laws,  1906 131 

expense  of,  how  defrayed,  1906 131 

prmciples  agreed  up  by,  to  be  embodied  in  treaties,  1906 131 

International  wireless  telegraph  convention  {see  Wireless  telegraph  convention) .  151 
Japan — 

convention  with,  concerning  commerce  and  na\dgation,  1911 77 

convention  with,  concerning  fur  seals,  July  7,  1911 84 

pelagic  sealing  prohibited  in  waters  of,  July  7,  1911 61 

Kidnaping — 

definition  of,  Dominican  Republic,  1909 27 

Honduras,  1909 73 

Salvador,  1911 108 

extradition  of  fugitives  for  crime  of,  Dominican  Republic,  1909 27 

France,  1909 34 

Honduras,  1909 73 

Salvador,  1911 108 

Lake  Erie,  level  of,  not  to  be  affected  by  diversion  of  waters  of  Niagara  River, 

Great  Britain ,1909 41 

Lake  Michigan,  right  of  navigation  in  waters  of.  Great  Britain,  1909 40 

Larceny — 

delbiition  of,  Dominican  Republic,  1909 27 

Honduras,  1009 73 

Salvador,  1911 108 

extradition  of  fugitives  for  crime  of,  Dominican  Republic,  1909 27 

France,  1909 34 

Honduras,  1909 73 

Salvador,  1911 108 

Law  commission — 

international,  convention  with  reference  to,  1906 129 

{See  also  International  Law  Commission.) 

Literary  works,  rights  of  authors  in,  Austria-Hungary  convention,  1912 17 

Mayhem,  extradition  of  fugitives  for  crime  of,  Salvador,  1911 107 

Marconi,   wireless  contract  with,  not  subject  to  provisions  of  international 

wireless  convention,  1906 162 

Mechanical  musical  reproductions,  rights  of  authors  in,  Austria-Hungary,  1912. 
Mexico — 

convention  with,  for  arbitration  of  the  Chamizal  tract,   1910 91 

pecuniary  claims  arbitration  convention  in  force  until  December  31,  1912.  122 
Military  and  naval  stations,  not  subject  to  regulations  of  international  wireless 

convention,  except  as  to  disturbances  and  distress  calls,  1906 153 

Milk  and  St.  Mary  Rivera — 

distribution  of  waters  of,  Great  Britain,  1909 42 


Treaties,  conventions,  protocols,  and  agreements  in  force. 

Milk  and  St.  Mary  Rivers — CJontinued.  Page, 
to  be  regarded  as  oue  river  for  purposes  of  irrigation  and  power,  Great  Britain, 

1909 -  - 42 

Money,  extradition  of  fugitive  for  crime  of  receiving,  knowing  the  same  to  be 

unlawfully  obtained,  France,  1909 34 

Most-favored-nation  clause,  convention  with  Japan,  1911 81 

Murder — 

crimes  designated  as,  Dominican  Republic,  1909 26 

France,  1909 34 

Honduras,  1909 72 

Sah-ador,  1911 107 

extradition  of  fugitives  for  crime  of,  Dominican  Republic,  1909 26 

France,  1909 34 

Honduras,  1909 72 

Salvador,  1911 107 

extradition  of  fugitives  for  crime  of  attempt  to  commit,  Dominican  Repub- 
lic, 1909 26 

Honduras,  1909 72 

Salvador,  1911 107 

Musical  works — 

mechanical  reproductions  included  as,  Austria-Hungary,  1912 17 

rights  of  authors  in  Austria-Hungary  convention,  1912 17 

Mutiny — 

extradition  of  fugitives  for  crime  of,  Dominican  Republic,  1909 26 

France,  1909 34 

Honduras,  1909 72 

Salvador,  1911 107 

National  laws  not  affected  by  convention  with  respect  to  services  of  assistance 

and  salvage,  1911 142 

Naturalization — 

convention  for,  with  Brazil,  1908 19 

Costa  Rica,  1911 23 

Nicaragua,  1908 95 

declaration  of  intention  has  not  the  effect  of,  Costa  Rica,  1911 24 

Nicaragua,  1908 96 

presumption  as  to  renunciation  of,  Brazil,  1908 20 

Costa  Rica,  1911 24 

Nicaragua,  1908 96 

punishment  of  citizens  for  actions  committed  before  emigration  under 

treaty  of,  with  Brazil,  1908 20 

punishment  of  citizens  for  actions  committed  before  emigration  under 

treaty  of,  with  Costa  Rica,  1911 24 

punishment  of  citizens  for  acts  committed  before  emigration,  Nicaragua, 

1908 96 

reciprocal  recognition  of,  under  treaty  with  Brazil,  1908 19 

Costa  Rica,  1911 23 

Nicaragua,  1908 95 

renunciation  of,  Brazil,  1908 19 

Costa  Rica,  1911 " 23 

Nicaragaia,  1908 95,  96 

status  of  citizens  under,  how  acquired,  Brazil,  1908 20 

Naturalized  citizens — 

international  convention  establishing  status  of,  1906 125 

considered  to  have  resumed  original  citizenship,  when,  1906 126 

presumption  as  to  status  of,  1906 126 

Naval  and  military  stations,  not  subject  to  regulations  of  international  wireless 

convention,  except  as  to  disturbances  and  distress  calls,  190G 155 

Navigation,  right  of,  in  boundary  waters  between  the  United  States  and  Canada, 

Great  Britain,  1909 40 

Niagara  River — 

diversion  of  waters  of,  to  be  limited.  Great  Britain,  1909 41 

above  Falls,  limited,  Great  Britain,  1909 41 

Nicaragua — 

naturalization  convention,  1 908 95 

extension  of  time  to  ratify,  1911 97 

North  Atlantic  coast  fisheries,  convention  with  Great  Britain  concerning,  1912. .  66 

delimitation  of  bays  of,  for  jurisdictional  purposes,  Gieat  Britain,  1912 69 


XI 

Treaties,  conventions,  protocols,  and  agreements  in  force. 

North  Atlantic  coast  fisheries,  etc. — Continued.  I*»Ee. 

rules  and  methods  of  procedure  accepted  concerning,  Great  Britain,  1912. .  67 

rules,  laws,  and  ordinances  concerning,  to  be  published.  Great  Britain,  1912.  G7 
laws  and  regulations  concerning,  not  to  be  inconsistent  with  treaty  of  1818, 

Great  Britain,  1912 67 

permanent  mixed  fishery  comraissiona — 

convocation  and  procedure  of.  Great  Britain,  1912. 68 

creation  and  appointment  of  membership.  Great  Britain,  1912 68 

Obscene  publications — 

information  to  facilitate  tracing  and  repression  of,  1910 133-134 

international  convention  for  mutual  aid  in  repression  of,  1910 133 

Obstruction  of  railroads — 

extradition  of  fugitives  for  destruction  or,  Dominican  Republic,  1909 26 

France,  1909 34 

Hondiu-as,  1909 72 

Salvador,  1911 -  - : .-  -  107 

Officers,  not  entitled  to  fees  in  extradition  proceedings,  Dominican  Republic, 

1909 29 

Pacific  Ocean — 

pelagic  sealing  prohibited  in  North,  Great  Britain,  1911 57 

July  7,  1911 61 

Pasoamaquoddy  Bay — 

boundary  line  in,  not  submitted  to  arbitration.  Great  Britain,  1910 48 

defined,  Great  Britain,  1910 48,  49 

laid  dowTi  and  marked,  Great  Britain,  1910 :•-.-•  ^^ 

commissioners  authorized  to  fix  boundary  line  in — failure  of  Great  Britain, 

1910 ...._ 48 

convention  with  Great  Britain,  1910,  concerning  boundary  line  in 47 

right  to  improve  channel  in.  Great  Britain,  1910 49 

Patents,  enjoyment  of,  etc.,  under  commerce  and  navigation  convention  with 

Japan,  1911 81 

Pecuniary  claims — 

convention  signed  at  Mexico  continued  in  force,  except  article  3,  1906...  122 

convention  with  Great  Britain  for  arbitration  of,  1910 50 

international  convention  for  arbitration  of,  1906 121 

pro\'ision8  governing  submission  of,  to  arbitration,  Great  Britain,  1910. ...  50 

schedule  of,  submitted  to  arbitration,  Great  Britain,  1910 52 

terms  of  submission  of,  to  arbitration,  Great  Britain,  1910 55 

Pelagic  sealing — 

authority  to  try  persons  for  offense  of.  Great  Britain,  191 1 57 

July  7,  1911 61 

cooperation  to  prevent,  agreed  upon,  July  7,  1911 62 

convention  with  Great  Britain  concerning,  1911 56 

superseded,  July  7,  1911 65 

convention  with  Great  Britain,  Japan,  and  Russia  concerning,  July  7,  1011.  60 

definition  of,  Great  Britain,  1911 58 

July  7   }''■'■'        62 

guard  ra       .  .xued  to  prevent,  Great  Britain,  1911 59 

July    ,  1911 62 

legislation  to  enforce  prohibition  against,  July  7,  1911 62 

powers  urged  to  forego.  Great  Britain,  1911 59 

prohibition  of,  in  Bering  Sea  and  North  Pacific  Ocean,  Great  Britain,  1911..  56 

prohibited  in  Bering  Sea,  North  Pacific,  and  Japanese  waters,  July  7,  1911 .  61 

prohibition  against,  not  to  apply  to  Indians,  Great  Britain,  1911 57 

not  to  apply  to  Indians  or  other  aborigii.ecs,  July  7,  1911 61 

Perjurj' — 

extradition  of  fugitives  for  crime  of,  Dominican  Republic,  1909 27 

France,  1909 34 

Honduras,  1909 73 

Salvador,  1911 108 

Photographic  works,  rights  of  authors  in,  Austria-Hungan,^  1912 17 

Piracy — 

extradition  of  fugitives  for  crime  of,  Dominican  Republic,  1909 26 

France,  1909 34 

Honduras,  1909 72 

Salvador,  1911 1()7 

76844°— S.  Doc.  1063.  62-3 13 


xn 

Treaties,  conve7itions,  protocols,  and  agreements  in  force. 

Political  offense—  '»P*- 

by  wliat  authority  determined,  France,  1909 36 

Salvador,  1911 108 

persons  cominitting,  not  subject  to  extradition,  Dominican  Republic,  1909.  27 

France,  1909 35 

Honduras,  1909 73 

Salvador,  1911 108 

persons  surrendered  for  committing,  not  to  be  tried  or  punished,  Dominican 


Republic,  1909. 


9 


Salvador,  1911 108 

taking  life  of  sovereign  not  to  be  presumed  as,  Dominican  Repul^lic,  1909. .  27 

Honduras,  1909 73 

Salvador,  1911 108 

Pollution  of  waters  (Canada),  Great  Britain,  1909. 31 

Postal  service,  vessels  engaged  in,  to  enjoy  same  facilities,  etc.,  as  those  of  most 

favored  nation,  Japan,  1911 80 

Power  plants — 

amount  of  waters  used  by,  above  Falls  of  Niagara  limited,  Great  Britain, 

1909 41-42 

to  be  injured  as  little  as  possible  in  diverting  waters  of  Niagara  River,  Great 

Britain,  1909 41 

Presidents,  list  of 9 

Property — 

alien  Japanese,  to  be  respected ,  Japan,  1911 78 

disposition  of,  found  in  possession  of  fugitive,  Dominican  Republic,  1909..  28 

France,  1909 36 

Honduras,  1909 74 

Salvador,  1911 109 

extradition  of  fugitives  for  crime  of  rc(  eiviiig,  Imowiug  the  same  to  have 

been  unlawfully  obtained,  France,  1909 34 

right  to  take  and  dispose  of,  of  deceased  persoiis  by  heirs,  Sweden,  1910. . .  117 
Protocol — 

assistance  and  salvage,  extending  international  convention,  for,  to  colonies, 

1911 149 

commerce  and  na^-igation,  Japan,  1911,  modification  of  by  Senate,  accepted 

by  protocol,  1911 _. 83 

wireless  telegraphy,  international  convention,  1906,  additional  agreement 

by 160 

Rape — 

extradition  of  fugitives  for  crime  of,  Dominican  Republic,  1909 26 

France,  1909 34 

Honduras,  1909 72 

Salvador,  1911 107 

Requisition — 

condition  precedent  for  honoring,  for  accused,  Dominican  Republic,  1909.  25 

France,  1909 35 

Riparian  rights,  existing,  not  affected  by  provisions  of  treaty  of  1909  with  Great 

Britain 47 

Robbery — 

definition  of,  Dominican  Republic,  1909 26 

Honduras,  1909 72 

Salvador,  1911 _. 107 

extradition  of  fugitives  for  crime  of,  Dominican  Republic,  1909 26 

France,  1909 34 

Honduras,  1909 72 

Salvador,  1911 107 

Russia — 

convention  with,  concerning  fur  seal?,  July  7,  1911 99 

termination  of  treaty  of  commerce  and  navigation  with,  1832 98 

Salvador,  extradition  convention,  1911 106 

Salvage.     {See  Assistance  and  salvage.) 
San  Domingo.     (See  Dominican  Republic.) 
St.  Mary  and  Milk  Rivers — 

to  be  regarded  as  one  river  for  purposes  of  irrigation  and  power.  Great  Brit- 
ain,  1909  42 

distribution  of  waters  of,  Great  Britain,  1909 42 


Xlll 

Treaties,  conventions,  protocols,  and  agreements  in  force. 

Sanitary  purposes —  Page. 

boundary  waters  subject  to  ordinary  use  for,  Great  Britain,  1909 41 

diversion  of  waters  of  Niafi;ara  River  for.  Great  Britain,  1 909 42 

Sea  otters,  limit  from  shore  within  which,  may  be  killed,  July  7,  1911 .". ..  62 

Secretaries  of  State,  list  of 10-11 

Ships  of  war,  not  subject  to  provisions  of  convention  respecting  assistance  and 

salvage,  1911 143 

Slavery  and  slave  tradings- 
extradition  of  fugitives  for  crimes  and  offenses  against  laws  of,  Dominican 

Republic,  1909 27 

France,  1909 ; 34 

Salvador,  1911 108 

Sweden,  consular  convention  with,  1910 112 

Telegrams.     {See  Wireless.) 
Telegraph,  convention — 

international,  St.  Petersburg,  1875,  applicable  to  international  wireless 

telegraphy,  1906 .« 155 

extracts  from,  1906 179 

Transit  dutv,  commerce  exempt  from,  Japan,  1911 79 

Treaties.     (See  Conventions.) 

chronological  list  of 12, 13 

Trade-marks,  enjoyment  of,  etc.,  under  commerce  and  navigation  convention, 

with  Japan,  1911 81 

Umpire —  ' 

powers  of.  Great  Britain,  1909 44 

to  be  selected  in  case  of  disagreement  of  members  of  international  joint 

commission.  Great  Britain,  1909 44 

X'essels — 

bound  to  render  assistance  at  sea,  1911 142 

subject  to  assistance  and  salvage  regulations,  1911 140 

Warehousing,  commerce  entitled   to  equality  of  treatment  respecting,  etc., 

Japan,  1911 79 

Wireless  telegraphy,  articles  of  international  telegraph  convention  of  St.  Peters- 
burg, 1875,  applicable  to,  1906 ' 155 

Wireless  telegraph  convention — 

"Coastal  station''  defined  by,  1906 152 

conferences  for  modification  of,  provided  for,  1906 153-154 

connection  between  wireless  and  telegraph  systems  undertaken  by,  1906. .  152 

contracts  with  Marconi  not  interfered  with,  1906 161 

disagreement  as  to  regulations  to  be  submitted  to  arbitration,  1906 155 

distress  calls  to  be  given  priority,  1906 153-154 

exchange  of  wireless  telegrams  to  be  facilitated,  1906 152 

exemption  of  coastal  stations  from  obligation  to  receive  messages  without 

reference  to  distinction  of  system  used,  1906 160-161 

extracts  from  international  telegraph  convention,  St.  Petersburg,  1875 179 

international,  1906 151 

supplemental  articles  to,  1906 158 

international  bureau  to  collect  and  publish  information  and  promulgate 

amendments,  1906 154 

laws  of  respective  countries  to  be  communicated  to  each  other,  1906 155 

legislation  to  insure  execution  of,  1906 155 

messages  to  be  received  without  distinction  of  system  adopted,  1906 158 

modification  of,  by  common  consent.  1906 153 

official  stations  subject  only  to  provisions  relating  to  disturbances  and  dis- 
tress calls,  1906 155 

organization  of  stations  so  as  not  to  disturb  each  other,  i906 153-154 

rates  for  transmission  of  telegrams  fixed  by,  1906 153 

reciprocal  exchange  of  telegrams  provided  for  bv,  1906 152 

regulations  adopted  by,  to  have  same  force  as,  1906 153 

regulations,  accounts  and  payment  of  charges,  1906 173,  174 

collection  of  charges,  1906 168 

delivery  of  wireless  telegrams  at  their  destination,  1906 172 

files,  1906 17:i 

form  and  posting  of  wireless  telegrams,  1906 167 

hours  of  service  of  coastal  stations,  1900 166, 167 


XIV 

Treaties,  conventknis,  protocols,  and  agrccninilK  in  force. 

Wireless  telegraph  convention — Continued. 

regulations,  accounts  and  pajinent  of  charges,  1906 — Continued.  Page. 

international  bureau,  1906 174, 175 

miscellaneous  provisions,  1906 175 

organization  of  wireless  telegraph  stations,  1890 164,165,166 

rates,  1906 167, 168 

rebates  and  reimbursements,  1906 173 

special  telegrams,  1906 172 

transmission  of  wireless  telegrams;  signals  of,  1906 168, 169, 170, 171, 172 

right  of  powers  to  fix  rates  on  telegrams  from  stations  not  subject  to,  1906. .       154 

special  communications  not  subject  to  public  regulations,  1906 152 

stations  reserved  for  public  service  by,  1906 152 

to  what  persons  and  stations  applicable,  1906 151 

voting  power  of  nations  in  conferences  fixed,  1906 154 

voting  power  to  be  decided  at  conference  provided  for  in  protocol  to  inter- 
national, 1906 160 

Wrongfullv  sinking  vessel  at  sea,  extradition  of  Jpgitives  for,  Dominican  Re- 
public, 1909 26 


PART  II. 


TREATIES.  CONVENTIONS.  INTERNATIONAL  ACTS.  PROTO- 
COLS,  AND  AGREEMENTS,  RATIFICATIONS  OF  WHICH  HAVE 
BEEN  ADVISED  BY  THE  SENATE  BUT  ARE  NOT  IN  FORCE 
BY  REASON  OF  THE  FAILURE  OF  RATIFICATION  BY  OTHER 
SIGNATORY  POWERS  OR  THE  PRESIDENT  OF  THE  UNITED 
STATES. 


(183) 


PART  II. 


1912. 

International  Wireless  Telegraph  Convention. 

Concluded  July  5,  1912;  ratification  advised  hy  the  Senate  January 

22, 1913. 

[This  convention,  if  proclaimed,  will  supersede  the  convention 
signed  at  Berlin,  November  3,  190G,  page  147.  The  text  is  taken  from 
the  copy  printed  for  the  use  of  the  Senate  of  the  United  States.] 


International  Bureau ;  duties, 
expenses. 

Terms  on  which  radiotele- 
grams  shall  be  received. 

Scope  of  articles  8  and  9. 

Adhere*ice  by  other  powers. 

International  Telegraph  Con- 
vention of  St.  Petersburg. 

Arbitration  of  differences  be- 
tween powers. 

Legislation  for  execution  of 
convention. 

Notification  of  existing  or  pro- 
posed legislation. 

Reservation  of  liberty  to  in- 
stall wireless  telegraph. 

Effect ;  duration. 

Ratification. 


I. 

Aetk 
Obliga-tion. 

:lks. 
XIII. 

II. 

Coastal   stations  defined. 

III. 

Reciprocal    exchange    of    tele- 
grams. 

XIV. 

IV. 

Reservation  of  station  for  lim- 

XV. 

itetl  public  service. 

XVI. 

V. 

Coastal  .stations  and  telegi'aph 
system  connections. 

XVII. 

VI. 

Information    necessary    to    fa- 
cilitate   and    accelerate    ex- 

XVIII. 

change  of  radiotelegrams. 

XIX. 

VII. 

Exemption  as  to  special  wire- 

less communication. 

XX. 

VIII. 

Interference. 

IX. 

Calls  from  ships  in  distress. 

XXI. 

X. 

Rates. 

XI. 

Regulations    and    modification 

XXII. 

thereof. 

XXIII. 

XII. 

Personnel  of  conference;   vot- 
ing   power;    adherence    for 
colonies. 

I  Trans 

lation.] 

International  Radiotelegraph  Convention  concluded  between  Ger- 
many and  the  German  Protectorates,  the  United  States  of 
America  and  the  Possessions  of  the  United  States  of  America, 
the  Argentine  Republic,  Austria,  Hungary,  Bosnia-IIersegovma, 
Belgiu?n,  the  Belgian  Congo,  Brazil,  Bulgaria,  Chile,  Denmark, 
Egypt,  Spain  and  the  Spanish  Colonies,  France  and  Algei^a, 
French  West  Africa,  French  Equatorial  Africa,  Indo-China, 
Madagascar,  Tunis,  Great  Britain  and  the  various  Bi^itish  Col- 
onies and  Protectoi^atcs,  the  Union  of  South  Afnca,  the  Australian 
Federation,  Canada,  British  India,  New  Zealand,  Greece,  Italy 
and  the  Italian  Colonics,  Japan  and  Chosen,  Formosa,  Japanese 
Sakhalin  and  the  leased  territory  of  Kwantung,  Morocco,  Monaco, 
Norway,  the  Netherlands,  the  Dutch  Indies  and  the  Colony  of 
Curacao,  Persia,  Portugal  and  the  Portuguese  Colonies,  Roumania, 
Russia  and  the  Russian  Posftcssions  and  Protectorates,  The  Re- 
public of  San  Marino,  Siam,  Siceden,  Turkey,  and  Uruguay. 

(185) 


186 

Tlie  undersigned,  plenipotentiaries  of  the  Governments  of  the 
countries  enumerated  above,  havijig  met  in  conference  at  London, 
have  agreed  on  the  following  Convention,  subject  to  ratification: 

Article  1. 

The  High  Contracting  Parties  bind  themselves  to  apply  the  provi- 
sions of  the  present  Convention  to  all  radio  stations  (both  coastal 
stations  and  stations  on  shipboard)  which  are  established  or  worked 
by  the  Contracting  Parties  and  open  to  public  ser-\ace  between  the 
coast  and  vessels  at  sea. 

They  further  bind  themselves  to  make  the  observance  of  these  pro- 
visions obligatory  upon  private  enterprises  authorized  either  to  estab- 
lish or  work  coastal  stations  for  radiotelegraphy  open  to  public 
service  between  the  coast  and  vessels  at  sea,  or  to  establish  or  work 
radio  stations,  whether  open  to  general  public  service  or  not,  on 
board  of  vessels  flying  their  flag. 

Article  2. 

By  "  coastal  stations  "  is  to  be  understood  every  radio  station  estab- 
lished on  shore  or  on  board  a  permanently  moored  vessel  used  for 
the  exchange  of  correspondence  with  ships  at  sea. 

Every  radio  station  established  on  board  any  vessel  not  perma- 
nently moored  is  called  a  "  station  on  shipboard." 

Article  3. 

The  coastal  stations  and  the  stations  on  shipboard  shall  be  bound 
to  exchange  radiograms  without  distinction  of  the  radio  system 
adopted  by  such  stations. 

Every  station  on  shipboard  shall  be  bound  to  exchange  radiograms 
with  every  other  station  on  shipboard  without  distinction  of  the 
radio  system  adopted  by  such  stations. 

However,  in  order  not  to  impede  scientific  progress,  the  provisions 
of  the  present  Article  shall  not  prevent  the  eventual  employment  of 
a  radio  system  incapable  of  communicating  with  other  systems,  pro- 
vided that  such  incapacit}^  shall  be  due  to  tlie  specific  nature  of  such 
system  and  that  it  shall  not  be  the  result  of  devices  adopted  for  the 
sole  purpose  of  preventing  intercommunication. 

Article  4. 

Notwithstanding  the  provisions  of  Article  3,  a  station  may  be 
reserved  for  a  limited  public  service  determined  by  the  object  of  the 
correspondence  or  by  other  circumstances  independent  of  the  system 
employed. 

Article  5. 

Each  of  the  High  Contracting  Partie^s  undertakes  to  connect  the 
coastal  stations  to  the  telegraph  system  by  special  wires,  or,  at  least. 


187 

to  take  other  measures  which  will  insure  a  rapid  exchange  between 
the  coastal  stations  and  the  telegraph  system. 

Article  6. 

The  High  Contracting  Parties  shall  notify  one  another  of  the 
names  of  coastal  stations  and  stations  on  shipboard  referred  to  in 
Article  1,  and  also  of  all  data,  necessary  to  facilitate  and  accelerate 
the  exchange  of  radiograms,  as  specified  in  the  Regulations. 

Article  7. 

Each  of  the  High  Contracting  Parties  reserves  the  right  to  pre- 
scribe or  permit  at  the  stations  referred  to  in  Article  1,  apart  from 
the  installation  the  data  of  which  are  to  be  published  in  conformity 
with  Article  6,  the  installation  and  working  of  other  devices  for  the 
purpose  of  establishing  special  radio  communication  without  pub- 
lishing the  details  of  such  devices. 

Article  8. 

The  working  of  the  radio  stations  shall  be  organized  as  far  as  pos- 
sible in  such  manner  as  not  to  disturb  the  service  of  other  radio 
stations. 

Article  9. 

Radio  stations  are  bound  to  give  absolutely  priority  to  calls  of 
distress  from  whatever  source,  to  similarly  answer  such  calls  and  to 
take  such  action  with  regard  thereto  as  may  be  required. 

Article  10. 

The  charge  for  a  radiogram  shall  comprise,  according  to  the  cir- 
cumstances : 

1.  (a)  The  coastal  rate,  Avhich  shall  fall  to  the  coastal  station; 
(b)   The  shipboard  rate,  which  shall  fall  to  the  shipboard  station. 

2.  The  charge  for  transmission  over  the  telegraph  lines,  to  be  com- 
puted according  to  the  ordinaiT  rules. 

3.  The  charges  for  transit  through  the  intermediate  coastal  or 
shipboard  stations  and  the  charges  for  special  services  requested  by 
the  sender. 

The  coastal  rate  shall  be  subject  to  the  approval  of  the  Govern- 
ment of  which  the  coastal  station  is  dependent,  and  the  shipboard 
rate  to  the  approval  of  the  Government  of  which  the  ship  is  de- 
pendent. 

Article  11. 

The  provisions  of  the  present  Convention   are  supplemented  by" 
Regulations,  whioli  shall  have  the  same  force  and  go  into  effect  at  tlie 
same  time  as  the  Convention. 

The  provisions  of  the  present  Convention  and  of  the  Regulations 
relating  thereto  may  at  any  time  be  modified  by  the  High  (Contract- 
ing Parties  by  common  consent.     Conferences  of  plenipotentiaries 


188 

having  power  to  modify  the  Convention  and  the  Regulations,  shall 
take  place  from  time  to  time;  each  conference  shall  fix  the  time  and 
place  of  the  next  meeting. 

Article  12. 

Such  conferences  shall  be  composed  of  delegates  of  the  Govern- 
ments of  the  contracting  countries. 

In  the  deliberations  each  country  shall  have  but  one  vote. 
If  a  Government  adheres  to  the  Convention  for  its  colonies,  posses- 
sions or  protectorates,  subsequent  conferences  may  decide  that  such 
colonies,  possessions  or  protectorates,  or  a  part  thereof,  shall  be  con- 
sidered as  forming  a  country  as  regards  the  application  of  the  pre- 
ceding paragraph.  But  the  number  of  votes  at  the  disposal  of  one 
Government,  including  its  colonies,  possessions  or  protectorates,  shall 
in  no  case  exceed  six. 

The  following  shall  be  considered  as  forming  a  single  country  for 
the  application  of  the  present  Article; 

German  East  Africa 

German  Southwest  Africa 

Kamerun 

Togo  Land 

German  Protectorates  in  the  Pacific 

Alaska 

Hawaii  and  the  other  American  possessions  in  Polynesia 

The  Philippine  Islands 

Porto  Rico  and  the  American  possessions  in  the  Antilles 

The  Panama  Canal  Zone 

The  Belgian  Congo 

The  Spanish  Colony  of  the  Gulf  of  Guinea 

French  East  Africa 

French  Equatorial  Africa 

Indo-China 

Madagascar 

Tunis 

The  Union  of  South  Africa 

The  Australian  Federation 

Canada 

British  India 

New  Zealand 

Eritrea 

Italian  Somaliland 

Chosen,  Formosa,  Japanese  Sakhalin  and  the  leased  territory  nf 
IvAvantung 

The  Dutch  Indies 

The  Colony  of  Curacao 

Portuguese  West  Africa 

Portuguese  East  Africa  and  the  Portuguese  possessions  in  Asia 

Russian  Central  Asia  (littoral  of  the  Caspian  Sea) 

Bokhara 

Khiva 
Western  Siberia  (littoral  of  the  Arctic  Ocean) 
Eastern  Siberia  (littoral  of  the  Pacific  Ocean). 


189 
Article  13. 

The  Tntemational  Bureau  of  the  Telegraph  Union  shall  be  charged 
with  collecting,  coordinating  and  publishing  information  of  every 
kind  relating  to  radiotelegraphy,  examining  the  applications  for 
changes  in  the  Convention  or  Regulations,  promulgating  the  amend- 
ments adopted,  and  generally  performing  all  administrative  work 
referred  to  it  in  the  interest  of  mternational  radiotelegraphy. 

The  expense  of  such  institution  shall  be  borne  by  all  the  contracting 
countries. 

Article  14. 

Each  of  the  High  Contracting  Parties  reserves  to  itself  the  right 
of  fixing  the  terms  on  which  it  will  receive  radiograms  proceeding 
from  or  intended  for  any  station,  whether  on  shipboard  or  coastal, 
which  is  not  subject  to  the  provisions  of  the  present  Convention. 

If  a  radiogram  is  received  the  ordinary  rates  shall  be  applicable 
to  it. 

Any  radiogram  proceeding  from  a  station  on  shipboard  and  re- 
ceived by  a  coastal  station  of  a  contracting  country,  or  accepted  in 
transit  by  the  administration  of  a  contracting  country,  shall  be  for- 
warded. 

Any  radiogram  intended  for  a  vevSsel  shall  also  be  forwarded  if 
the  administration  of  the  contracting  country  has  accepted  it  origi- 
nally or  in  transit  from  a  non-contracting  country,  the  coastal  station 
reserving  the  right  to  refuse  transmission  to  a  station  on  shipboard 
subject  to  a  non-contracting  country. 

AjtTICLE   15. 

The  provisions  of  Articles  8  and  9  of  this  Convention  are  also 
applicable  to  radio  installation  other  than  those  referred  to  in 
Article  1. 

Article  16. 

Governments  which  are  not  parties  to  the  present  Convention  shall 
be  permitted  to  adhere  to  it  upon  their  request.  Such  adherence 
shall  be  communicated  through  diplomatic  channels  to  the  contract- 
ing Government  in  whose  territory  the  last  conference  shall  have 
been  held,  and  by  the  latter  to  the  remaining  Governments. 

The  adherence  shall  carry  with  it  to  the  fullest  extent  acceptance 
of  all  the  clauses  of  this  Convention  and  admission  to  all  the  advan- 
tages stipulated  therein. 

The  adherence  to  the  Convention  by  the  Government  of  a  country 
having  colonies,  posses.^ions  or  protectorates  shall  not  carry  with  it 
the  adherence  of  its  colonies,  possessions  or  protectorates  unless  a 
declaration  to  that  effect  is  made  by  such  Government.  Such  col- 
onie^s,  possessions  and  protectorates,  as  a  whole  or  each  of  them, 
separately,  may  form  the  subject  of  a  separate  adherence  or  a  sep- 
arate denunciation  within  the  provisions  of  the  present  Ai'ticle  and 
of  Article  22. 


190 


Article  17. 


The  provisions  of  Articles  1,  2,  3,  5,  6,  7,  8.  11,  12  and  17  of  the 
International  Telegraph  Convention  of  St.  Petersburg  of  July  10-22, 
1875,  shall  be  applicable  to  international  radiotelegraphy. 

Articx,e  18. 

In  case  of  disagreement  between  two  or  more  contracting  Govern- 
ments regarding  the  interpretation  or  execution  of  the  present  Con- 
vention or  of  the  Regulations  referred  to  in  Article  11,  the  question 
in  dispute  may,  by  mutual  agreement,  be  submitted  to  arbitration. 
In  such  case  each  of  the  Governments  concerned  shall  choose  another 
Government  not  interested  in  the  question  at  issue. 

The  decision  of  the  arbiters  shall  be  arrived  at  by  the  absolute 
majority  of  votes. 

In  case  of  a  division  of  votes,  the  arbiters  shall  choose,  for  the 
purpose  of  settling  the  disagreement,  another  contracting  Govern- 
ment which  is  likewise  a  stranger  to  the  question  at  issue.  In  case 
of  failure  to  agi^ee  on  a  choice,  each  arbiter  shall  propose  a  disin- 
terested contracting  Government  and  lots  shall  be  drawn  between 
the  Governments  proposed.  The  drawing  of  the  lots  shall  fall  to 
the  Government  within  whose  territory  the  international  bureau 
provided  for  in  Article  13  shall  be  located. 

Article  19. 

The  High  Contracting  Parties  bind  themselves  to  take,  or  pro- 
pose to  their  respective  legislatures,  the  necessary  measures  for  in- 
suring the  execution  of  the  present  Convention. 

Article  20. 

The  High  Contracting  Parties  shall  communicate  to  one  another 
any  laws  already  framed,  or  which  may  be  fram^ed,  in  their  re- 
spective countries  relative  to  the  object  of  the  present  Convention. 

Article  21. 

The  High  Contracting  Parties  shall  preserve  their  entire  liberty 
as  regards  radio  installations  other  than  provided  for  in  Article  1, 
especially  naval  and  military  installations,  and  stations  used  for 
communications  between  fixed  points.  All  such  installations  and 
stations  shall  be  subject  only  to  the  obligations  provided  for  in 
Articles  8  and  9  of  the  present  Convention. 

However,  when  such  installations  and  stations  are  used  for 
public  maritime  service  they  shall  conform,  in  the  execution  of  such 
service,  to  the  provisions  of  the  Regulations  as  regards  the  mode  of 
transmission  and  rates. 

On  the  other  hand,  if  coastal  stations  are  used  for  general  public 
service  with  ships  at  sea  and  also  for  communication  between  fixed 
points,  such  stations  shall  not  be  subject,  in  the  execution  of  the 
last  named  service,  to  the  provisions  of  the  Convention  except  for 
the  observance  of  Articles  8  and  9  of  this  Convention. 

Nevertheless,  fixed  stations  used  for  correspondence  between  land 
and  land  shall  not  refuse  the  exchange  of  radiograms  with  another 


191 

fixed  station  on  account  of  the  system  adopted  by  such  station;  the 
liberty  of  each  country  shall,  however,  be  complete  as  regards  the 
organization  of  the  service  for  correspondence  between  fixed  points 
and  the  nature  of  the  correspondence  to  be  effected  by  the  stations 
reserved  for  such  service. 

Article  22. 

The  present  Convention  shall  go  into  effect  on  the  1st  day  of 
July,  1913,  and  shall  remain  in  force  for  an  indefinite  period  or 
until  the  expiration  of  one  year  from  the  day  when  it  shall  be  de- 
nounced by  any  of  the  contracting  parties. 

Such  denunciation  shall  affect  only  the  Government  in  whose 
name  it  shall  have  been  made.  As  regards  the  other  Contracting 
Powers,  the  Convention  shall  remain  in  force. 

Article  23. 

The  present  Convention  shall  be  ratified  and  the  ratifications  ex- 
changed at  London  with  the  least  possible  delay. 

'  In  case  one  or  several  of  the  High  Contracting  Parties  shall  not 
ratify  the  Convention,  it  shall  nevertheless  be  valid  as  to  the  Parties 
which  shall  have  ratified  it. 

In  witness  whereof  the  respective  plenipotentiaries  have  signed 
(me  copy  of  the  Convention,  which  shall  be  deposited  in  the  archives 
of  the  British  Government,  and  a  copy  of  which  shall  be  trans- 
mitted to  each  Party. 

Done  at  London,  July  5,  1912. 

For  Germany  and  the  German  Protectorates: 

B.  KOEHLER 

O.  Wachenfeld 

Dr.  Karl  Streckek 

schrader 

Goetsch 

Dr.  Emil  Krauss 

FlELITZ 

For  the  United  States  and  the  possessions  of  the  United  States: 

John  R.  Edwards 

Jno.  Q.  Walton 

Willis  L.  Moore 

Louis  W.  Austin 

George  Oaven  Squier 

Edgar  Russel 

C.  McK.  Saltzman 

David  Woos'i-er  Todd 

John  Hays  Hammond,  Jr. 

Webster 

W.  D.  Terrell 

John  I.  Waterburt. 
For  ArgoTitine  Republic: 

Vicente  J.  Dominguez 
For  Austria: 

Dr.  FuiTz  RiTTER  Wagner  von  Jaurego. 

Dr.  Rudolph  Hitter  Speil  v.  Ostheim. 


192 
For  Hungary: 


Charles  Follert 
Dr.  DB  Hennyey 


For  Bosnia-Herzegovina : 

H.  GOIGINGER,  G.  M. 

Adolf  Danikgf.r 

A.  CicoLi 

Romeo  Vic. 

For  Belgium: 

J.  Banxeaux 
Deldine 

For  Belgian  Congo : 

Robert  B.  Goldschmidt. 

For  Brazil: 

Dr.  Francisco  Bhering. 

For  Bulgaria: 

Iv.  Stoyanovitch. 

For  Chile : 

C.  E.  Rickard. 

For  Denmark: 

N.  JMeyer 

4 

t 

J.  A.  VOHTZ 

t 

R.  N.  A.  Faber 

T.  F.  Krarup. 

For  Egypt: 

J.  S.  LiDDELL 

For  Spain  and  the  Spanish  Colonies: 

Jacobo  Garcia  Roure 

Juan  de  Carranza  y  Garrido 

Jacinto  Labrador 

Antonio  Nieto 

To:mas  Fernandez  Qitintana 

Jaime  Janer  Robinson. 

For  France  and  Algeria : 

A.  Frouin. 

For  French  West  Africa : 

A.  DUCHENE. 

For  French  Equatorial  Africa  : 

A.  DuCHENE. 

For  Indo- China : 

A.  DuCHENE. 

For  Madagascar: 

A.  DuCHENE. 

For  Tunis: 

Et.  de  Felcourt. 
For  Great  Britain  and  the  various  British  Colonies  and  Protec- 
torates : 

H,  Babington  Smith 

E.  W.  Farnall 

E.  Charlton 

G.  M.  W.  Macdonogh. 


193 

For  Union  of  South  Africa: 

Richard  Solomon. 
For  Australian  Federation : 

Charles  Bright. 
For  Canada: 

For  British  India: 

For  New  Zealand: 
For  Greece: 


G.  J.  Desbarats. 

H.  A.  KuiK 

F.  E.  Dempster. 

C.  Wray  Palliser. 

C.  Dosios. 


For  Italy  and  the  Italian  Colonies: 

Prof.  A.  Batteixi. 

For  Japan  and  for  Chosen,  Formosa,  Japanese  Sakhalin,  and  the 
leased  territory  of  Kwangtung: 

Tetsujiro  Sakano 
Kenji  Ide 
Riuji  Nakayama 
Seiichi  Kukose 


For  Monaco: 

For  Monaco 
For  Norway: 

For  Netherlands: 


Mohammed  el  Kabadj 
U.  Asensio 

Fr.  Roussel 

Heftye 

K.  A.  Knudsson 


G.  J.  C.  A.  Pop. 

J.   P.   GUEPIN 

For  Dutch  Indies  and  the  Colony  of  Curacao: 

Perk 

F.  VAN  der  Goot. 
For  Persia: 

INfiRZA  Abdul  Ghaffar  Khan. 

For  Portugal  and  the  Portuguese  Colonies: 

Antonio  Maria  da  Silva. 
For  Roumania: 

C.  BOERESCU. 

For  Russia  and  the  Russian  possessions  and  Protectorates: 

N.  DE  Etter 
P.  Ossadtchy 

A.    EULER 

Sergueivitch 
V.  Dmitriefp 

D.  SOKOLTSOW 

A.  Stchastnyi 
Baron  A.  Wyneken. 

For  Republic  of  San  Marino: 

Artlro  Serena. 


For  Siam: 
For  Sweden: 
For  Turkey: 

For  Uruguay: 


194 


Luang  Sanpakitch  Preecha 
Wm.  J.  Archer 

Rydin 
Hamilton, 

M.  Emin 
M.  Fahry. 
Osman  Sadi 

Fed.  R,  Vidiella, 

[Translation.] 

Final  Protocol 


At  the  moment  of  signing  the  Convention  adopted  by  the  Inter- 
national Radiotelegraph  Conference  of  London,  the  undersigned 
plenipotentiaries  have  agreed  as  follows: 


The  exact  nature  of  the  adherence  notified  on  the  part  of  Bosnia- 
Herzegovina  not  yet  bein^  determined,  it  is  recognized  that  one  vote 
shall  be  assigned  to  Bosnia-Herzegovina  but  that  a  decision  will  be 
necessary  at  a  later  date  as  to  whether  this  vote  belongs  to  Bosnia- 
Herzegovina  in  virtue  of  the  second  paragraph  of  Article  12  of  the 
Convention,  or  whether  this  vote  is  accorded  to  it  in  conformity 
with  the  provisions  of  the  third  paragraph  of  that  Article. 

11. 

Note  is  taken  of  the  following  declaration : 

The  Delegation  of  the  United  States  declares  that  its  government 
is  under  the  necessity  of  abstaining  from  all  action  with  regard  to 
rates,  because  the  transmission  of  radiograms  as  well  as  of  ordinary 
telegrams  in  the  United  States  is  carried  on,  wholly  or  in  part,  by 
commercial  or  private  companies. 

III. 

Note  is  likewise  taken  of  the  following  declaration: 

The  Government  of  Canada  reserves  the  right  to  fix  separately, 
for  each  of  its  coastal  stations,  a  total  maritime  rate  for  radiograms 
proceeding  from  North  America  and  destined  for  any  ship  whatever, 
the  coastal  rate  amounting  to  three-fifths  and  the  shipboard  rate  to 
two-fifths  of  the  total  rate. 

In  witness  whereof  the  respective  plenipotentiaries  have  drawn  up 
the  present  Final  Protocol,  which  shall  be  of  the  same  force  and 
effect  as  though  the  provisions  thereof  had  been  embodied  in  the  text 
of  the  Convention  itself  to  which  it  has  reference,  and  they  have  •  i 
signed  one  copy  of  the  same,  which  shall  be  deposited  in  the  archives  I 
of  the  British  Government,  and  a  copy  of  which  shall  be  transmitted 
to  each  of  the  Parties. 

Done  at  London,  July  5,  11 12. 


195 
For  Germany  and  the  German  Protectorates: 

B.    KOEIILER 

O.  Wachenfeld 
Dr.  Karl  Strecker 
schrader 

GOETSCH 

Dr.  Emil  Krauss 

FlELITZ 

For  the  United  States  and  the  possessions  of  the  United  States: 

John  R.  Edwards 

Jno.  Q.  Walton 

Willis  L.  Moore 

Louis  W.  Austin 

George  Owen  Squier 

Edgar  Russel 

C.  McK.  Saltzman 

David  Wooster  Todd 

John  Hays  Hammond,  Jr. 

Webster 

W.  D.  Terrell 

John  I.  Waterbury. 
For  Argentine  Republic: 

ViNCENTE    J.    DOMINGUEZ. 

For  Austria: 

Dr.  Fritz  Ritter  Wagmi:  von  Juarrgg. 

Dr.  Rudolf  Ritter  Speil  v.  Ostheim. 
For  Hungary: 

Charles  Follert 

Dr.  DE  Hen N yet 
For  Bosnia-Herzegovina : 

g.  goiginger,  g.  m. 

Adolpii  Daningek 

A.    CiGOLI 

Romeo  Vio. 


For  Belgium: 

For  Belgian  Congo: 
For  Brazil: 


For  Bulgaria: 


For  Chile: 
For  Denmark: 


For  Egypt: 


J.  Banneaux 
Deldime 

Robert  B.  GoLDSCHivrroT. 

Dr.  Francisco  Bherinq 

Iv.  Stoyanovitch. 

C.  E.  RiCKARD. 

N.  Meyer 

J.  A.  VOHTZ 

R.  N.  A.  Fabeb 
T.  F.  Krarup. 


J.  S.  LiDDELL. 
76844°— S.  Doc.  1063,  62-3 14 


1% 

For  Spain  and  the  Spanish  Colonies: 

Jacobo  Garcia  Roikk 

Juan  di:  Carranza  v  Garrido 

Jacixto  Lahkador 

AxTOMt)    XlKTO 

To-"iiAS  Fi:nNA.\DEz  Quintana 

Jaimk  Janer  Robinson. 
For  France  and  Alccria  : 

A.  Frotin, 
For  French  West  Africa  : 

A.   DuCHENE. 

For  French  Equatorial  Africa: 

A.  DUCHENES. 

For  Indo  China : 

A.  DuCHENE. 

For  Madagascar: 

A.   DuCHENE. 

For  Tunis : 

Et.  de  Felcourt. 
For  Great  Britain  and  the  various  British  Colonies  and  Protoc- 

^OT^^^^:  H.  Babington  Smith 

E.  W.  Farnall 

E.  Charlton 

G.  M.  W.  Macdonogh 
For  Union  of  South  Africa : 

Richard  Solomon. 
For  Australian  Federation : 

Charles  Bright. 


For  Canada : 

For  British  India : 

For  New  Zealand: 
For  Greece : 


G.  J.  Desbarats. 

H.  A.  Kirk. 
F.  E.  Dempster. 

C.  Wray  Palliser. 


C.  Dosios. 
For  Itnly  and  the  Italian  Colonies: 

Prof.  A.  Battelli. 
For  Japan  and  for  Chosen,  Formosa,  Japanese  Sakhalin,  and  the 
leased  territory  of  Kwantung : 

Tetsujiro  Sakano. 

Kenji  Ide. 

Riuji  Nakayama. 

Seiichi  Kurose, 


Mohammed  el  Kabadj. 
U.  Asensio. 


For  Morocco : 

For  Monaco: 

Fr.  Rousseu 
For  Norway:  ^^^^^^ 


For  Netherlands; 


K.  A.  Knudsson. 
G.  J.  C.  A.  Pop 

J.  P.  GUEPIN. 


197 


For  Dutch  Indies  and  tlio  Colony  of  Curacao: 

Perk. 

f.  van  der  goot. 
For  Persia : 

MiRZA  Abdul  Giiaffar  Kuan. 
For  Portugal  and  the  Portuguese  Colonies: 

Antonio  Maria  da  Silva. 
For  Roumania : 

C.  Boerescu. 
For  Russia  and  the  Russian  possessions  and  Protectorates: 

N.  DE  Etter. 

P.  OSSADTCHY. 

A.  Euler. 
Sergueievitch. 
V.  Dmitrieff. 

D.   SOKOLTSOW. 

A.  Stchastnyi. 

Baron  A.  Wyneken. 
For  Republic  of  San  Marino: 

Arturo  Serena. 
For  Siam: 

For  Sweden: 

For  Turkey : 


Luang  Sanpakitch  Preecha, 
Wm.  J.  Archer. 

Rydin. 
Hamilton. 


For  Uruguay: 


M.  Emin. 
M.  Fahry. 

OSMAN  SaDI. 

Fed.  R.  Vidiella. 


Service  Regulations  Affixed  to  the  International  Radiotele- 
graph Convention,  London,  1912. 


L  OrKanization    oif    radio    stations. 
Articles  1,  2,  3,  4,  5,  6,  7,  8,  9, 
10.  11.  12. 
II.  Hours  of  service  of  stations.    Ar- 
ticle 13. 

III,  Form    and    posting    of    radiotele- 

grauis.     14  and  15. 

IV.  Rates.    Articles  16.  17,  and  IS 

V.  Collection  of  charges.    Article  19. 
VI.  Transmission  of  radiograms: 

(a)  Signals   of  transmission. 

Articles  20,  21,  22. 

(b)  Order    of    transmission. 

Article  23. 

(c)  Metliod   of  calling   radio 

stations  and  transmis- 
sion of  radiogr;ims. 
Articles  24.  25,  26,  27, 
28.  2!»,  30.  31.  32,  and 
33. 
{(J)  .Ackiii  wledgment  of  re- 
ceipt and  conclusion  of 
word.     ,\rtlr1o  24. 


VI.  Transmission    of    radiograms— 
(Continued)  : 

(e)   Directions    to    be     fol- 
lowed  in   sending  ra- 
diogr;ims.     Article  .">">. 
VII.  Delivery  of  radiograms  at  their 
destination.     Articles   36   and 
37. 
Vlir.  Special     radiograms.       Articles 
38  and  30. 
IX.  Files.     Article  40. 
X.  Rebates     and     reimbursements. 
Article  41. 
XI.  Accounts      and      payment      of 

charges.     Article  42. 
XII.  International    Bureau.    Articles 
43  and  44. 
XIII.  Meteorological  radiograms,  time 
signals,  and  other  radiograms. 
Arti('le  45. 
XIV.  Miscellaneous   provisions.     Arti- 
cles 46,  47,  48,  49,  50. 


198 

[Translation.] 
1.  ORGANIZATION  OF  RADIO  STATIONS. 

Article  1. 

The  choice  of  radio  apparatus  and  devices  to  be  used  by  the  coastal 
stations  and  stations  on  shipboard  shall  be  unrestricted.  The  instal- 
lation of  such  stations  shall  as  far  as  possible  keep  pace  with  scientific 
and  technical  progi-ess. 

AETICIiE   II. 

Tvro  wave  lengths,  one  of  GOO  meters  and  the  other  of  300  meters, 
are  authorized  for  general  public  service.  Every  coastal  station 
opened  to  such  service  shall  be  equipped  in  such  manner  as  to  be  able 
to  use  these  two  wave  lengths,  one  of  which  shall  be  designated  as 
the  normal  wave  length  of  the  station.  During  the  whole  time  that  a 
coastal  station  is  open  it  shall  be  in  condition  to  receive  calls  accord- 
ing to  its  normal  wave  length.  For  the  correspondence  specified 
under  paragraph  2  of  Article  XXXV,  however,  a  wave  length  of 
1,800  meters  shall  be  used.  In  addition,  each  Government  ma}^  au- 
thorize in  coastal  stations  the  employment  of  other  wave  lengths 
designed  to  insure  long-range  service  or  any  service  other  than  for 
general  public  correspondence  established  in  conformity  with  the 
provisions  of  the  Convention  under  the  reservation  that  such  wave 
lengths  do  not  exceed  GOO  meters  or  that  they  do  exceed  1,G00  meters. 

In  particular,  stations  used  exclusively  for  sending  signals  de- 
signed to  determine  the  position  of  ships  shall  not  employ  wave 
lengths  exceeding  150  meters. 

Article  III. 

1.  Every  station  on  shipboard  shall  be  equipped  in  such  manner 
as  to  be  able  to  use  wave  lengths  of  GOO  meters  and  of  300  meters. 
The  first  shall  be  the  normal  wave  length  and  may  not  be  exceeded 
for  transmission  except  in  the  case  referred  to  under  Article  XXXV 
(paragraph  2). 

Other  wave  lengths,  less  than  600  meters,  may  be  used  in  special 
cases  and  under  the  approval  of  the  managements  to  which  the 
coastal  and  shipboard  stations  concerned  are  subject. 

2.  During  the  whole  time  that  a  station  on  shipboard  is  open  it 
shall  be  able  to  receive  calls  according  to  its  normal  wave  length. 

3.  Vessels  of  small  tonnage  which  are  unable  to  use  a  wave  length 
of  GOO  meters  for  transmission,  may  be  authorized  to  employ  exclu- 
sively the  wave  length  of  300;  they  must  be  able  to  receive  a  wave 
length  of  GOO  meters. 

Article  IV. 

Communication  between  a  coastal  station  and  a  station  on  ship- 
board shall  be  exchanged  on  the  part  of  both  by  means  of  the  same 
wave  length.  If,  in  a  particular  case,  communication  is  difficult,  the 
two  stations  may,  by  mutual  consent,  pass  from  the  wave  length  with 
which  they  are  communicating  to  the  other  regulation  wave  length. 
Both  stations  shall  resume  their  normal  wave  length  when  the  ex- 
change of  radiograms  is  finished. 


199 
Artici-e  v. 

1.  The  Tntornational  Bn.ronii  sliall  draw  up.  publish,  and  revise 
from  time  to  linio  an  oHici;!!  chart  sliowiii<r  the  coastal  stations,  tiioir 
normal  ranges,  the  principal  lines  of  naviija.tion.  and  tlie  time  nor- 
mally taken  by  ships  for  the  voyaije  between  the  different  ports  of 
call." 

2.  It  shall  draw  np  and  publish  a  list  of  i-jidio  stations  f)f  the  class 
referred  to  in  Article  I  oi"  the  Convention,  and  from  time  to  time 
supplements  covering  additions  and  modifications.  Such  list  shall 
contain  for  each  station  the  following  data : 

(1)  In  the  case  of  coastal  stations;  name,  nationality  and  geo- 
graphical location  indicated  by  the  territorial  subdivision  and  the 
latitude  and  longitude  of  the  place;  in  the  case  of  stations  on  ship- 
board; name  and  nationality  of  the  ship;  Avhen  the  case  arises,  the 
name  and  address  of  the  party  working  the  station ; 

(2)  The  call  letters  (the  calls  shall  bo  distinguishable  from  one 
another  and  each  must  be  formed  of  a  group  of  three  letters)  ; 

(3)  The  normal  range; 

(4)  The  radio  system  with  the  characteristics  of  the  transmitting 
system  (musical  sparks,  tonality  expressed  by  the  number  of  double 
vibrations,  etc.)  ; 

(5)  The  wave  lengths  used  (the  normal  wave  length  to  be  under- 
scored) ; 

(G)  The  nature  of  the  services  carried  on; 

(7)  The  hours  during  which  the  station  is  open; 

(8)  Wlien  the  case  arises,  the  hour  and  method  of  transmitting 
time  signals  and  meteorological  telegrams; 

(9)  The  coastal  rate  or  shipboard  rate. 

3.  The  list  shall  also  contain  such  data  relating  to  radio  stations 
other  than  those  specified  in  Article  I  of  the  Convention  as  ma}'  be 
communicated  to  the  International  Bureau  by  the  management  of 
the  Radio  Service  ("  administration  ")  to  which  such  stations  are 
subject,  provided  that  such  managements  are  either  adherents  to  the 
Convention  or.  if  not  adherents,  have  made  the  declaration  referred 
to  in  Article  XLVIII. 

4.  The  following  notations  shall  be  adopted  in  documents  for  use 
by  the  International  Service  to  designate  radio  stations: 

PG  Station  open  to  general  public  corre.sj:)ondence. 

PR  Station  open  to  limited  public  corres])ondence. 

P  Station  of  private  interest. 

O  Station  open  exclusivoly  to  official  correspondence. 

N  Station  having  continuous  ser\ice. 

X  Station  having  no  fixed  working  hours. 

5.  The  name  of  a  station  on  shipboard  appearing  in  the  first 
column  of  the  list  shall  be  followed,  in  case  there  arc  two  or  more 
vessels  of  the  same  name,  by  the  call  letters  of  such  station. 

Article  VI. 

The  exchange  of  superfluous  signals  and  words  is  prohibiied  to 
stations  of  the  class  leferred  to  in  .Vrlicle  I  of  the  Convention.  Ex- 
periments and  ])r:icticc  will  be  pciinitted  in  such  stations  in  so  far 
as  they  do  not  interfere  with  the  service  of  other  stations. 


200 

Practice  shall  bo  carried  on  with  wave  lengths  different  from  those 
authorized  for  public  correspondence,  and  with  the  minimum  of 
power  necessary. 

Artict^  VII. 

1.  All  stations  are  bound  to  carry  on  the  service  with  the  minimum 
of  energy  necessary  to  insure  safe  communication. 

2.  Every  coastal  or  shipboard  station  shall  comply  Avith  the  fol- 
lowing requirements: 

(9)  The  waves  sent  out  shall  be  as  pure  and  as  little  damped  as 
possible; 

In  particular,  the  use  of  transmitting  devices  in  which  the  waves 
sent  out  are  obtained  by  means  of  sparks  directly  in  the  aerial  (plain 
aerial)  shall  not  be  authorized  except  in  cases  of  distress. 

It  may,  however,  be  permitted  in  the  case  of  certain  special  sta- 
tions (those  of  small  vessels  for  example)  in  which  the  primary 
power  does  not  exceed  50  watts. 

(b)  The  apparatus  shall  be  able  to  transmit  and  receive  at  a  speed 
equal  to  at  least  20  words  a  minute,  words  to  be  counted  at  the  rate 
of  5  letters  each. 

New  installations  using  more  than  50  watts  shall  be  equipped  in 
such  a  way  as  to  make  it  possible  to  obtain  with  ease  several  ranges 
less  than  the  normal  range,  the  shortest  being  approximately  15 
nautical  miles-  Existing  installations  using  more  than  50  watts  shall 
be  remodeled,  wherever  possible,  so  as  to  comply  with  the  foregoing 
provisions. 

(c)  Receiving  apparatus  shall  be  able  to  receive,  with  the  greatest 
possible  protection  against  interference,  transmissions  of  the  wave 
lengths  specified  in  the  present  Regulations,  up  to  600  meters. 

3.  Stations  serving  solely  for  determining  the  position  of  ships 
(radiophares)  shall  not  operate  over  a  radius  greater  than  30  nautical 
miles. 

Article  VIII. 

Independently  of  the  general  requirements  specified  under  Article 
VII.  stations  on  shipboard  shall  likewise  comply  with  the  following 
requirements : 

(a)  The  power  transmitted  to  the  radio  apparatus,  measured  at 
the  terminals  of  the  generator  of  the  station,  shall  not,  under  normal 
conditions,  exceed  one  kilowatt. 

(b)  Subject  to  the  provisions  of  Article  XXXV,  paragraph  2, 
power  exceeding  one  kilowatt  may  be  employed  when  the  vessel  finds 
it  necessary  to  correspond  w^iile  more  than  200  nautical  miles  distant 
from  the  nearest  coastal  station,  or  when,  owing  to  unusual  circum- 
.stances,  communication  can  be  established  only  by  means  of  an 
increase  of  power. 

Article  IX. 

1.  No  station  on  shipboard  shall  be  established  or  worked  by 
private  enterprise  without  a  license  issued  by  the  Government  to 
which  the  vessel  is  subject. 

Stations  on  board  of  ships  having  their  port  of  registry  in  a  col- 
ony, possession,  or  protectorate  may  be  described  as  subject  to  the 
authority  of  such  colony,  possession,  or  protectorate. 


201 

2.  Every  shipboard  station  holding  a  license  issued  by  one  of  the 
contracting  Governments  shall  be  considered  by  the  other  Govern- 
ments as  having  an  installation  fulfilling  the  requirements  stipulated 
in  the  present  Kegulations. 

Competent  authorities  of  the  countries  at  which  the  ship  calls  may 
demand  the  production  of  the  license.  In  default  of  such  produc- 
tion, these  authorities  may  satisfy  themselves  as  to  whether  the  i-adio 
installations  of  (he  ship  fulfill  the  requirements  imposed  by  the 
present  regulations. 

When  the  management  of  the  radio  service  of  a  country  is  con- 
vinced by  its  working  that  a  station  on  shipboard  does  not  fulfill 
the  requirements,  it  shall,  in  every  case,  address  a  complaint  to  the 
management  of  the  radio  service  of  the  country  to  which  such  ship 
is  a  subject.  The  subsequent  procedure,  when  necessary,  shall  be 
the  same  as  that  prescribed  in  Article  XII,  paragraph  2. 

Article  X. 

1.  The  service  of  the  station  on  shipboard  shaU  be  carried  on  by 
a  telegraph  operator  holding  a  certificate  issued  by  the  Government 
to  which  the  vessel  is  subject,  or,  in  case  of  necessity  and  for  one 
voyage  only,  by  some  other  adhering  Government. 

2.  There  shall  be  two  classes  of  certificates : 

The  first  class  certificate  shall  attest  the  professional  efficiency  of 
the  operator  as  regards: 

(a)  Adjustment  of  the  apparatus  and  knowledge  of  its  func- 
tioning; 

(b)  Transmission  and  acoustic  reception  at  the  rate  of  not  less 
than  20  words  a  minute ; 

(c)  Knowledge  of  the  regulations  govei'ning  the  exchange  of 
radio  correspondence. 

The  second  class  certificate  may  be  issued  to  operators  who  are 
able  to  transmit  and  receive  at  a  rate  of  only  12  to  19  words  a  minute 
but  who.  in  other  respects,  fulfill  the  requirements  mentioned  above. 
Operators  holding  second  class  certificates  may  be  permitted  on: 

(a)  Vessels  w^hich  use  radiotelegraphy  only  in  their  own  service 
and  in  the  correspondence  of  their  crews,  fishing  vessels  in  particular; 

(b)  All  vessels,  as  substitutes,  provided  such  A-essels.have  on  board 
at  least  one  operator  holding  a  first-class  certificate.     However,  on . 
vessels  classed  under  the  first  category  indicated  in  Article  XIII, 
the  service  shall  be  carried  on  by  at  least  two  telegraph  operators 
holding  first-class  certificates. 

In  the  stations  on  shipboard,  transmissions  shall  be  made  only  by 
operators  holding  first  or  second-class  certificates  except  in  cases 
of  necessity  where  it  would  be  impossible  to  conform  to  this  pro- 
vision, 

(3)  The  certificate  shall  furthermore  state  that  the  Government 
has  bound  the  operator  to  secrecy  with  regard  to  the  correspondence. 

4.  The  radio  service  of  the  station  on  shipboard  shall  be  under  the 
superior  authority  of  the  commanding  officer  of  the  ship, 

Arttctje  XT. 

Ships  provided  with  radio  installations  and  classed  under  the  first 
two  categories  indicated  in  Article  XIIT  are  bound  to  have  radio  in- 


202 

stallations  for  distress  calls  all  the  elements  of  which  shall  be  kept 
under  conditions  of  the  greatest  possible  safety  to  be  determined  by 
the  Government  issuing  the  license.  Such  emergency  installations 
shall  have  tlieir  own  source  of  energy,  be  capable  of  quickly  being  set 
into  operation,  of  functioning  for  at  least  six  hours,  and  have  a 
minimum  range  of  80  nautical  miles  for  ships  of  the  first  category 
and  50  miles  for  those  of  the  second.  Such  emergency  installations 
shall  not  be  required  in  the  case  of  vessels  the  regular  installations 
of  which  fulfill  the  requirements  of  the  present  Article. 

Article  XII. 

If  the  management  of  the  radio  service  of  a  country  has  Imowledge 
of  any  infraction  of  the  Convention  or  of  the  Regulations  committed 
in  any  of  the  stations  authorized  by  it,  it  shall  ascertain  the  facts  and 
fix  the  responsibility. 

In  the  case  of  stations  on  shipboard,  if  the  operator  is  responsible 
for  such  infraction,  the  management  of  the  radio  service  shall  take 
the  necessary  measures,  and.  if  the  necessity  should  arise,  withdraw 
the  certificate.  If  it  is  ascertained  that  the  infraction  is  the  result  of 
the  condition  of  the  apparatus  or  of  instructions  given  the  operator, 
the  same  method  shall  be  pursued  with  regard  to  the  license  issued  to 
the  vessel. 

2.  In  cases  of  repeated  infractions  chargeable  to  the  same  vessel, 
if  the  representations  made  to  the  management  of  the  country  to 
which  the  vessel  is  subject  by  that  of  another  country  remain  with- 
out e5ect,  the  latter  shall  be  at  liberty,  after  giving  due  notice,  to 
authorize  its  coastal  stations  not  to  accept  communications  proceeding 
from  the  vessel  at  fault.  In  case  of  disagreement  between  the  man- 
agements of  the  radio  service  of  two  countries,  the  question  shall  be 
submitted  to  arbitration  at  the  request  of  either  of  the  two  Govern- 
ments concerned.  The  procedure  is  indicated  in  Article  18  of  the 
Convention, 

2.  HOURS  OF  SERVICE  OF  STATIONS. 

Article  XIII. 

(a)  .Coastal  stations: 

1.  The  service  of  coastal  stations  shall,  as  far  as  possible,  be  con- 
stant, day  and  night,  without  interruption. 

Certain  coastal  stations,  however,  may  have  a  service  of  limited 
duration.  The  management  of  the  radio  service  of  each  country  shall 
fix  the  hours  of  service. 

2.  The  coastal  stations  whose  service  is  not  constant  shall  not  close 
before  having  transmitted  all  their  radiograms  to  the  vessels  which 
are  within  their  radius  of  action,  nor  before  having  received  from 
such  vessels  all  the  radiograms  of  which  notice  has  been  given.  This 
provision  is  likewise  applicable  when  vessels  signal  their  presence  be- 
fore the  actual  cessation  of  work. 

(b)  Stations  on  shipboard  : 

3.  Stations  on  shipboard  shall  be  classed  under  three  categories: 

(1)  Stations  having  constant  service; 

(2)  Stations  having  a  service  of  limited  duration; 

(3)  Stations  having  no  fixed  working  hours. 


203 

When  the  ship  is  under  way,  the  foHowing  shipboard  stations  shall 
have  an  operator  constantly  listening  in;  1st,  Stations  of  the  first 
category;  2nd,  Those  of  the  second  category  during  the  hours  in 
which  they  care  opcii  to  service.  During  the  remaining  hours,  the  last 
named  stations  shall  have  an  operator  at  the  radio  instrument  listen- 
ing in  during  the  first  ten  minutes  of  each  hour.  Stations  of  the 
third  category  are  not  bound  to  perform  any  regular  service  of  listen- 
ing in. 

It  shall  fall  to  the  Governments  issuing  the  licenses  .specified  in 
Article  IX  to  fix  the  category  in  which  the  ship  shall  be  classed  as  re- 
gards its  obligations  in  the  matter  of  listening  in.  Mention  shall  be 
made  of  such  classification  in  the  license. 

3.  FORM  AND  POSTING  OF  RADIOGRAMS. 

Article  XIV. 

1.  Radiograms  shall  show,  as  the  first  word  of  the  preamble,  that 
the  service  is  "  radio." 

2.  In  the  transmission  of  radiograms  proceeding  from  a  ship  at 
sea,  the  date  and  hour  of  posting  at  the  shipboard  station  shall  be 
stated  in  the  preamble. 

3.  Upon  forwarding  a  radiogram  over  the  telegraph  system,  the 
coastal  station  shall  show  thereon  as  the  office  of  origin,  the  name 
of  the  ship  of  origin  as  it  appears  in  the  list,  and  also  when  the 
case  arises,  that  of  the  last  ship  which  acted  as  intermediary.  These 
data  shall  be  followed  by  the  name  of  the  coastal  station. 

Article  XV. 

The  address  of  radiograms  intended  for  ships  shall  be  as  complete 
as  possible. 

It  shall  embrace  the  following: 

(a)  The  name  or  title  of  the  addressee,  with  additional  designa- 
tions, if  any ; 

(b)  The  name  of  the  vessel  as  it  appears  in  the  first  column  of 
the  list; 

(c)  The  name  of  the  coastal  station  as  it  appears  in  the  list. 
The  name  of  the  ship,  however,  may  be  replaced,  at  the  sender's 

risk,  by  the  designation  of  the  route  to  be  followed  by  such  vessel, 
as  determined  by  the  names  of  the  ports  of  departure  and  destina- 
tion or  by  any  other  equivalent  information. 

2.  In  the  address,  the  name  of  the  ship  as  it  appears  in  the  first 
column  of  the  list,  shall,  in  all  cases  and  independently  of  its  length, 
be  counted  as  one  word. 

3.  Radiograms  framed  with  the  aid  of  the  International  Code  of 
Signals  shall  be  transmitted  to  their  destination  without  being 
translated. 

4.  RATES. 

Article  X.VJ. 

1.  The  coastal  rate  and  the  shipboard  rate  shall  be  fixed  in  ac- 
cordance with  the  tariff  per  word,  pure  and  siuiplc.  on  the  basis  of 
an  equitable  remuneration  for  the  radio  work,  with  an  optional 
minimum  rate  per  radiogram. 


204 

The  coastal  rate  shall  not  exceed  GO  centimes  (11.6  cents)  a  word, 
and  the  shipboard  rate  shall  not  exceed  40  centimes  (7.7  cents)  a 
word.  However,  each  management  shall  be  at  liberty  to  authorize 
coastal  and  shipboard  rates  higher  tlian  such  maxima  in  the  case  of 
stations  of  ranges  exceeding  400  nautical  miles,  or  of  stations  whose 
work  is  exceptionally  diflicult  owing  to  physical  conditions  in  con- 
nection with  the  installation  or  working  of  the  same. 

Tlie  optional  nrnimum  rate  per  radiogi-am  shall  not  be  higher 
than  tlie  coastal  rate  or  shipboard  rate  for  a  radiogram  of  ten  words. 

2.  In  the  case  of  radiograms  proceeding  from  or  destined  for  a 
country'  and  exchanged  directly  with  the  coastal  stations  of  such 
country,  the  rate  applicable  to  the  transmission  over  the  telegraph 
lines  shall  not,  on  the  average,  exceed  the  inland  rate  of  such  country. 

Such  rate  shall  be  computed  per  word,  pure  and  simple,  with  an 
optional  minimum  rate  which  shall  not  exceed  the  rate  for  ten  words. 
It  shall  be  stated  in  francs  by  the  management  of  the  radio  service 
of  the  country  to  which  the  coastal  station  is  subject. 

In  the  case  of  countries  of  the  European  system,  with  the  excep- 
tion of  Russia  and  Turkey,  there  shall  be  but  one  rate  for  the  terri- 
tory of  each  country. 

Article  XVII. 

1.  When  a  radiogram  proceeding  from  a  ship  and  intended  for 
the  eoast  passes  through  one  or  two  shipboard  stations,  tlie  charges 
shall  comprise,  in  addition  to  the  rates  of  the  shipboard  station  of 
origin,  the  coastal  station  and  the  telegraph  lines,  the  shipboard 
rate  of  each  of  the  ships  which  have  participated  in  the  trans- 
mission. 

2.  The  sender  of  a  radiogram  proceeding  from  the  coast  and  in- 
tended for  a  ship  may  require  that  his  message  be  transmitted  by 
way  of  one  or  two  stations  on  shipboard;  he  shall  deposit  for  this 
purpose  an  amount  equal  to  the  radio  and  telegraph  rates  and,  in 
addition,  a  sum  to  be  fixed  by  the  office  of  origin,  as  surety  for  the 
payment  to  the  intermediary  shipboard  stations  of  the  transit  rates 
fixed  by  paragraph  1.  He  shall  further  pay,  at  his  option,  either 
the  rate  for  a  telegram  of  five  words  or  the  price  of  the  postage  on  a 
letter  to  be  sent  by  the  coastal  station  to  the  office  of  origin  giving 
the  necessary  information  for  the  liquidation  of  the  amounts  de- 
posited. 

The  radiogram  shall  then  be  accepted  at  the  sender's  risk ;  it  shall 
show  before  the  address  the  prepaid  instruction,  to  wit :  "  X  retrans- 
missions telegraph "  or  "  X  retransmissions  letter "  according  to 
whether  the  sender  desired  the  information  necessary  for  the  liquida- 
tion of  the  deposits  to  be  furnished  by  telegraph  or  by  letter. 

3.  The  rate  for  radiograms  proceeding  from  a  ship  intended  for 
another  ship,  and  forwarded  through  one  or  two  intermediary 
coastal  stations,  shall  comprise: 

The  shipboard  rates  of  the  two  ships,  the  coastal  rate  of  the 
coastal  station  or  two  coastal  stations,  as  the  case  may  be,  and  the 
telegraph  rate,  when  necessary,  applicable  to  the  transmission  be- 
tween the  two  coastal  stations. 

4.  The  rate  for  radiogi-ams  exchanged  between  ships  without  the 
intervention  of  a  coastal  station  shall  comprise  the  shipboard  rates 


205 

of  the  vessels  of  origin  and  destination  togotlior  with  (lie  .sliii)l)')iii(l 
rates  of  the  intermediary  stations. 

5.  The  coastal  and  shipboard  rates  accruing  to  the  stations  of 
transit  shall  be  the  same  as  those  fixed  for  such  stations  when  they 
are  stations  of  origin  or  destination.  In  no  case  shall  they  be  col- 
lected more  than  once. 

6.  In  the  case  of  every  coastal  station  acting  as  intermediarv.  the 
rate  to  be  collected  for  the  service  of  transit  shall  be  the  hiLdiest 
coastal  rate  applicable  to  direct  communication  with  the  two  ships 
concerned. 

Article  XVIII. 

The  country  within  whose  territory  a  coastal  station  is  established 
u^hich  serves  as  intermediary  for  the  exchange  of  radiograms  between 
a  station  on  board  ship  and  another  country  shall  l)e  considered,  so 
far  as  the  application  of  telegraph  rates  is  concerned,  as  the  country 
of  origin  or  of  destination  of  such  radiograms,  and  not  as  the  country 
of  transit. 

5.  COLLECTION   OF   CHARGES. 

Abticle  XIX. 

The  total  charge  for  radiograms  shall  be  collected  of  the  sender, 
with  the  exception  of: 

(1)  Charges  for  special  delivei-y  (Art.  LVIII,  Par.  1,  of  the 
Telegraph  Regulations)  ;  (2)  Charges  applicable  to  inadmissible 
combinations  or  alterations  of  words  noted  by  the  office  or  station  of 
destination  (Art.  XIX,  par.  9  of  the  Telegraph  Regulations)  such 
charges  being  collected  of  the  addressee. 

Stations  on  shipboard  shall  to  that  end  have  the  necessary  tariffs. 
They  shall  be  at  liberty,  however,  to  obtain  information  from  coastal 
stations  on  the  subject  of  rates  for  radiograms  for  which  they  do 
not  possess  all  the  necessary  data. 

2.  The  counting  of  words  by  the  office  of  origin  shall  be  con- 
clusive in  the  case  of  radiograms  intended  for  ships  and  that  of  the 
shipboard  station  of  origin  shall  be  conclusive  in  the  case  of  radio- 
grams proceeding  from  ships,  both  for  purposes  of  transmission  and 
of  the  international  accounts.  However,  when  the  radiogram  is 
worded  wholly  or  in  part,  either  in  one  of  the  languages  of  the 
country  of  destination,  in  the  case  of  radiograms  proceeding  from 
shijis,  or  in  one  of  the  languages  of  the  country  to  which  the  ship  is 
subject,  in  the  case  of  radiograms  intended  for  ships,  and  contains 
combinations  or  alterations  of  words  contrary  to  the  usage  of  such 
language,  the  bureau  or  shipboard  station  of  destination,  as  the  case 
may  be,  shall  have  the  right  to  recover  from  the  addressee  the  amount 
of  charge  not  collected.  In  case  of  refusal  to  pay,  the  radiogram 
may  be  withheld. 

6.  TRANSMISSION   OF   RADIOGRAMS. 
(a)    signals  of  TRtVNSMISSION. 

Article  XX. 

The  signals  to  be  employed  are  those  of  the  Morse  International 

Code. 


206 
Article  XXI. 

Ships  in  distress  shall  use  the  follo-winc:  signal: 

•  •  •  ^m  ■■  HH  •  •  • 
repeated  at  brief  intervals,  followed  by  the  necessary  particnlars. 

As  soon  as  a  station  hears  the  signal  of  distress  it  shall  cease  all 
correspondence  and  not  resume  it  until  after  it  has  made  sure  that 
the  correspondence  to  which  the  call  for  assistance  has  given  rise  is 
terminated. 

Stations  which  hear  a  signal  of  distress  shall  conform  to  the 
instructions  gixen  b}'  the  ship  making  such  signal  as  regards  the 
order  of  the  messages  or  their  cessation. 

In  case  the  call  letters  of  a  particular  station  are  added  at  the 
end  of  the  series  of  calls  for  assistance,  the  answer  to  the  call  shall 
be  incumbent  upon  that  station  alone  unless  such  station  fails  to 
reply.  If  the  call  for  assistance  does  not  specify  any  particular 
station,  every  station  hearing  such  call  shall  be  bound  to  answer  it. 

Article  XXII. 

For  the  purpose  of  giving  or  requesting  information  concerning 
the  radio  service,  stations  shall  make  use  of  the  signals  contained  in 
the  list  appended  to  the  present  regulations. 

(b)  order  of  transmission. 

Article  XXIII. 

Between  two  stations  radiograms  of  the  same  order  shall  be  trans- 
mitted one  by  one,  by  the  two  stations  alternately,  or  in  series  of 
several  radiograms,  as  the  coastal  station  may  indicate,  provided 
the  duration  of  the  transmission  of  each  series  does  not  exceed  fifteen 
minutes. 

(c.)   method  of  calling  radio  stations  and  tr.\nsmission  of 

radiograms. 

Article  XXIV. 

1.  As  a  general  rule,  it  shall  be  the  shipboard  station  that  calls  the 
coastal  station  whether  it  has  radiograms  to  transmit  or  not. 

2.  In  waters  where  the  radio  traffic  is  very  great  (British  Channel, 
etc.),  a  coastal  station  should  not,  as  a  general  rule,  be  called  by  a 
shipboard  station  unless  the  former  is  within  normal  range  of  the 
.shipboard  station  and  not  until  the  distance  of  the  vessel  from  the 
coastal  station  is  less  than  75  per  cent  of  the  normal  range  of  the 
latter. 

3.  Before  proceeding  to  call,  the  coastal  station  or  the  station  on 
shipboard  shall  adjust  its  receiving  apparatus  to  its  maximum  sensi- 
bility and  make  sure  that  no  other  correspondence  is  being  carried 
on  within  its  radius  of  action;  if  it  finds  otherwise,  it  shall  wait 
for  the  first  pause,  unless  it  is  convinced  that  its  call  will  not  be 
likely  to  disturb  the  correspondence  in  progress.  The  same  applies 
in  case  the  station  desires  to  answer  a  call. 


207 

4.  For  calling,  every  station  shall  use  the  normal  wave  of  the 
station  it  wishes  to  call. 

5.  If  in  spite  of  these  precautions  the  transmission  of  a  radio- 
gram is  impeded  at  any  place,  the  call  shall  cease  upon  the  first 
request  from  a  coastal  station  open  to  public  correspondence.  The 
latter  station  shall  in  such  case  indicate  the  approximate  length  of 
time  it  will  be  necessary  to  wait. 

6.  The  station  on  shipboard  shall  make  known  to  every  coastal 
station  to  which  it  has  signaled  its  presence  the  nioniont  at  which  it 
proposes  to  cease  its  operations  and  the  probable  duration  of  the 
mterruption. 

Article  XXV. 

1.  The  call  shall  comprise  the  signal 

the  call  letters  of  the  station  called  transmitted  three  times,  the  word 
*'  from  "  (de)  folloAved  by  the  call  letters  of  the  sending  station  trans- 
mitted three  times. 

2.  The  call  station  shall  answer  by  making  the  signal 

folloAved  by  the  call  letters  of  the  corresponding  station  transmitted 
three  times,  the  word  "  from,"  its  own  call  letters,  and  the  signal 

3.  Stations  desiring  to  enter  into  communication  with  ships,  with- 
out, however,  knowing  the  names  of  the  ships  within  their  radius  of 
action,  may  employ  the  signal  ■■■  •  ^^  •  ■■■  ■§■  •  ^am 
(signal  of  inquiry.  The  provisions  of  paragraphs  1  and  2  are  likewise 
applicable  to  the  transmission  of  a  signal  of  inquiiT^  and  to  the 
answer  to  such  signal. 

Article  XXVT. 

If  a  station  called  does  not  answer  the  call  (Article  XXV)  trans- 
mitted three  times  at  intervals  of  two  minutes,  the  call  shall  not  be 
resumed  until  after  an  interval  of  fifteen  minutes,  the  station  issuing 
the  call  having  first  made  sure  of  the  fact  that  no  radio  correspond- 
ence is  in  progress. 

Article  XXVII. 

Every  station  which  has  occasion  to  transmit  a  radiogram  requir- 
ing the  use  of  high  power  shall  first  send  out  three  times  the  signal 
of  warning  ^ma  ■■■  •  •  aai  ■■■  .  with  the  minimum  of 
])ower  necessary  to  roach  the  neighboring  stations.  It  shall  not  begin 
to  transmit  with  high  power  until  30  seconds  after  sending  the  signal 
of  warning. 

Article  XXVIII. 

1.  As  soon  as  the  coastal  station  has  answered,  the  shipbitard  sta- 
tion shall  furnish  it  with  the  following  data  in  case  it  has  messages 


208 

to  transmit :  such  data  shall  likeAvise  be  f urmshed  upon  request  from 
the  coastal  station; 

(a)  The  approximate  distance,  in  nautical  miles,  of  the  vessel  from 
the  coastal  station; 

(b)  The  position  of  the  vessel  indicated  in  a  concise  form  and 
adapted  to  the  circumstances  of  the  case; 

(c)  Her  next  port  of  call; 

(d)  The  number  of  radiograms,  if  they  are  of  normal  length,  or 
the  number  of  words,  if  the  messages  are  unusually  long. 

The  speed  of  the  ship  in  nautical  miles  shall  also  be  given  if  spe- 
cially requested  by  the  coastal  station. 

2.  The  coastal  station  shall  answer  stating,  as  provided  in  para- 
graph 1,  either  the  number  of  radiograms  or  the  number  of  words 
to  be  transmitted  to  the  ship,  and  also  the  order  of  transmission. 

3.  If  the  transmission  can  not  take  place  immediately,  the  costal 
station  shall  inform  the  station  on  shipboard  of  the  approximate 
length  of  time  that  it  will  be  necessary  to  wait. 

4.  If  a  shipboard  station  called  can  not  receive  for  the  moment,  it 
shall  inform  the  station  calling  of  the  approximate  length  of  time 
that  it  will  be  necessary  to  wait. 

5.  In  the  exchange  of  messages  between  two  stations  on  shipboard, 
it  shall  fall  to  the  station  called  to  fix  the  order  of  transmission. 

Article  XXIX. 

When  a  costal  station  receives  calls  from  several  shipboard  sta- 
tions, it  shall  decide  the  order  in  which  such  stations  shall  be  ad- 
mitted to  exchange  their  messages. 

In  fixing  this  order  the  costal  station  shall  be  guided  exclusively 
by  the  necessity  of  permitting  each  station  concerned  to  exchange  the 
greatest  possible  number  of  radiograms. 

Article  XXX. 

Before  beginning  the  exchange  of  correspondence  the  coastal  sta- 
tion shall  advise  the  shipboard  station  whether  the  transmission  is 
to  be  effected  in  the  alternate  order  or  by  series  (Article  XXTII)  ; 
it  shall  then  begin  the  transmission  or  follow  up  the  preliiuinaries 

with  the  signal 

^m  •  ■■ 

Article  XXXI. 
The  transmission  of  the  radiogram  shall  be  preceded  by  the  signal 

and  terminated  by  the  signal 

followed  by  the  name  of  the  sending  station  and  by  the  signal 

In  the  case  of  a  series  of  radiograms,  the  name  of  the  sending 
station  and  the  signal  i^  •  ^m  shall  only  be  given  at  the  end 
of  the  series. 


209 
Article  XXXII. 

When  a  radio^am  to  be  transmitted  contains  more  tlian  40  words, 
the  sending  station  shall  interrupt  the  transmission  l)y  the  signal 
•  •  ■■i  ii^  •  •  after  each  series  of  about  20  words  and  shall 
not  resume  it  until  after  it  has  obtained  from  the  receiving  station  a 
repetition  of  the  last  word  duly  received,  followed  by  the  said  signal, 
or,  if  the  reception  is  good,  by  the  signal    •  ^mt  • 

In  the  case  of  transmission  by  series,  acknowledgment  of  receipt 
shall  be  made  after  each  radiogram. 

Coastal  stations  engaged  in  the  transmission  of  long  radiograms 
shall  suspend  the  transmission  at  the  end  of  each  period  of  15  min- 
utes, and  remain  silent  for  a  period  of  three  minutes  before  resuming 
the  transmission. 

Coastal  and  shipboard  stations  working  under  the  conditions  speci- 
fied in  Article  XXXV,  par.  2,  shall  suspend  work  at  the  end  of  each 
period  of  15  minutes  and  listen  in  with  a  wave  length  of  GOO  meters 
during  a  period  of  three  minutes  before  resuming  the  transmission. 

Article  XXXIII. 

1.  When  the  signals  become  doubtful  every  possible  means  shall  be 
resorted  to  to  finish  the  transmission.  To  this  end  the  radio^am 
shall  be  transmitted  three  times  at  most  at  the  request  of  the  receiving 
station.  If  in  spite  of  such  triple  repetition  the  signals  are  still  un- 
readable the  radiogram  shall  be  cancelled. 

If  no  acknowledgment  of  receipt  is  received  the  transmitting  sta- 
tion shall  again  call  up  the  receiving  station.  If  no  reply  is  made 
after  three  calls  the  transmission  shall  not  be  followed  up  any  fur- 
ther. In  such  case  the  sending  station  shall  have  the  privilege  of 
obtaining  the  acknowledgment  of  receipt  through  the  medium  of 
another  radio  station,  using,  when  necessary,  the  lines  of  the  tele- 
graph system. 

2.  If  in  the  opinion  of  the  receiving  station  the  radiogram,  al- 
though imperfectly  received,  is  nevertheless  capable  of  transmission, 
said  station  shall  enter  the  words  "  reception  doubtful "  at  the  end  of 
the  preamble  and  let  the  radiogram  follow.  In  such  case  the  man- 
agement of  the  radio  service  of  the  country  to  which  the  coastal 
station  is  subject  shall  claim  the  charges  in  conformity  wilh  Article 
XLII  of  the  present  Kcgulations.  If,  however,  the  shipboard  sta- 
tion subsequently  transmits  the  radiogram  to  another  coastal  station 
of  the  same  management,  the  latter  can  claim  only  the  rates  appli- 
cable to  a  single  transmission. 

(d)   acknowledgment  of  receipt  and  conclusion  of  work. 

Article  XXXIV. 

1.  Receipt  shall  be  acknowledged  in  the  form  prescribed  by  the 

International  Telegraph  Regulations;  it  shall  be  preceded  by  the 

call  letters  of  the  transmitting  station  and  followed  by  those  of  the 
receiving  station. 


210 

2.  The  conclusion  of  a  correspondence  between  two  stations  shall 
be  indicated  by  each  of  the  two  stations  by  means  of  the  signaL 

•  •  •  ■■  •  mim 

followed  by  its  own  call  letters. 

(e)  directions  to  be  followed  in  sending  radiograms. 

Article  XXXV. 

1.  In  general,  the  shipboard  stations  shall  transmit  their  radio- 
grams to  the  nearest  coastal  station. 

Nevertheless,  if  a  shipboard  station  has  the  choice  between  several 
coastal  stations  at  equal  or  nearly  equal  distances,  it  shall  give  the 
preference  to  the  one  established  on  the  territory  of  the  country  of 
destination  or  normal  transit  for  its  radiograms. 

2.  A  sender  on  board  a  vessel  shall,  however,  have  the  right  to 
designate  the  coastal  station  through  which  he  desires  to  have  his 
radiogram  transmitted.  The  station  on  shipboard  shall  then  wait 
until  such  coastal  station  shall  be  the  nearest. 

In  exceptional  cases  transmission  may  be  made  to  a  more  distant 
coastal  station,  provided  that: 

(a)  The  radiogram  is  intended  for  the  country  in  which  such 
coastal  station  is  situated  and  emanates  from  a  ship  subject  to  that 
country ; 

(b)  Both  stations  use  for  calling  and  transmission  a  wave  length 
of  1,800  meters; 

(c)  Transmission  with  this  wave  length  does  not  interfere  with 
a  transmission  made  by  means  of  the  same  wave  length  by  a  nearer 
coastal  station ; 

(d)  The  station  on  shipboard  is  more  than  50  nautical  miles  dis- 
tant from  any  coastal  station  given  in  the  list.  The  distance  of  50 
miles  may  be  reduced  to  25  miles  provided  the  maximum  power  at 
the  terminals  of  the  generator  does  not  exceed  5  kilowatts  and  that 
the  stations  on  shipboard  arc  established  in  conformit}'^  with  Articles 
VII  and  VEIL  This  reduction  in  the  distance  shall  not  be  admissi% 
ble  in  the  seas,  bays  or  gulfs  of  which  the  shores  belong  to  one  coun- 
try only  and  of  which  the  opening  to  the  liigh  sea  is  less  than  100 
miles  wide. 

7.  DELIVERY   OF   RADIOGRAMS   AT   THEIR   DESTINATION. 

Article  XXXVI. 

When  for  any  cause  whatever  a  radiogram  proceeding  from  a  ves- 
sel at  sea  and  intended  for  the  coast  can  not  be  delivered  to  the  ad- 
dressee, a  notice  of  nondelivery  shall  be  issued.  Such  notice  shall 
be  transmitted  to  the  coastal  station  which  received  the  original 
radiogram.  The  latter,  after  verifying  the  address,  shall  forward 
the  notice  to  the  ship,  if  possible,  by  the  intervention,  if  need  be.  of 
another  coastal  station  of  the  same  country  or  of  a  neighboring 
country. 


211 

When  a  radiogram  received  by  a  shipboard  station  can  not  be  de- 
livered, the  station  shall  notify  the  ollice  of  the  origin  by  official 
notice.  In  the  case  of  radiograms  emanating  from  the  coast,  such 
notice  shall  be  transmitted,  whenever  practicable,  to  the  coastal 
station  through  which  the  radiogram  has  passed  in  transit;  other- 
wise, to  another  coastal  ctation  of  the  same  country  or  of  a  neigh- 
boring country. 

Abticle  XXXVII. 

If  the  ship  for  which  a  radiogram  is  intended  has  not  signalled 
her  presence  to  the  coastal  station  within  the  period  designated  by 
the  sender,  or,  in  the  absence  of  such  designation,  b}^  the  morning  of 
the  8th  day  following,*  the  coastal  station  shall  so  notify  the  office  of 
origin  which  shall  in  turn  inform  the  sender. 

The  latter  shall  have  the  right  to  ask,  by  a  paid  official  notice,  sent 
by  either  telegraph  or  mail  and  addressed  to  the  coastal  station,  that 
his  radiogram  be  held  for  a  further  period  of  9  days  for  transmission 
to  the  vessel,  and  so  on.  In  the  absence  of  such  request,  the  radio- 
gram shall  be  put  aside  as  not  transmissible  at  the  end  of  the  9th  day 
(exclusive  of  the  day  of  posting) . 

Nevertheless,  if  the  coastal  station  is  certain  that  the  vessel  has 
left  its  radius  of  action  before  it  has  been  able  to  transmit  the  radio- 
gram to  her,  such  station  shall  immediately  so  notify  the  office  of 
origin  which  shall  without  delay  inform  the  sender  oi  the  cancella- 
tion of  the  message.  The  sender  may,  however,  by  a  paid  official 
notice,  request  the  coastal  station  to  transmit  the  radiogram  the 
next  time  the  vessel  shall  pass. 

8.  SPECIAL  RADIOGRAMS. 

Article  XXXVTII. 

The  following  radiograms  only  shall  be  accepted  for  transmission: 

(1)  Radiograms  with  answer  prepaid.  Such  radiograms  shall 
show  before  the  address  the  indication  "Answer  prepaid  "  or  "  R  P  " 
supplemented  by  a  statement  of  the  amount  paid  in  advance  for  the 
answer,  thus :  "  Response  Payee  f r.  x  ",  or  "  R  P  f r.  x  " ; 

The  reply  voucher  issued  by  a  station  on  shipboard  shall  carry 
with  it  the  right  to  send,  within  the  limits  of  its  value,  a  radiocrram  to 
any  destination  whatever  from  the  station  on  shipboard  which  has 
issued  such  voucher. 

(2)  Radiograms  calling  for  repetition  of  message  (for  purposes  of 
verification)  ; 

(3)  Special  delivery  radiograms.  Only,  however,  in  cases  where 
the  amount  of  the  charges  for  special  delivery  collected  of  the 
addressee.  Countries  which  can  not  accx>pt  sucli  radiograms  shall 
make  a  declaration  to  (his  clVcct  to  tl>e  International  Bureau.  Special 
deliven'  radiograms  with  char'Tes  collected  of  the  sender  may  be 
accepted  when  they  are  intended  for  the  country  within  whose  terri- 
tory the  corresponding  station  is  located. 

(4)  Radiogi'ams  to  be  delivered  by  mail; 

(5)  Multiple  radiograms; 

76844°— S.  Doc.  1063,  62-3 15 


212 

(6)  Radiogram!?  calling  for  acknowledgment  of  receipt.  But  only 
as  regards  notification  of  the  date  and  hour  at  which  the  coastal  sta- 
tion shall  have  transmitted  to  the  station  on  shipboard  the  radiogram 
addressed  to  the  latter. 

(7)  Paid  service  notices.  Except  those  requesting  a  repetition  or 
infonnation.  Nevertheless  all  paid  service  notices  shall  be  accepted 
in  transmission  over  the  telegraph  lines. 

(8)  Urgent  radiograms.  But  only  in  transmission  over  the  tele- 
graph lines  and  subject  to  the  application  of  the  International  Tele- 
graph Kegulatioiis. 

Article  XXXIX. 

Radiograms  may  be  transmitted  by  a  coastal  station  to  a  ship,  or 
by  a  ship  to  another  sliip,  with  a  view  to  being  forwarded  by  mail 
from  a  port  of  call  of  the  ship  receiving  the  radiogram. 

Such  radiogram  shall  not  be  entitled  to  any  radio  retransmission. 

The  address  of  such  radiogram  shall  embrace  the  following: 

(1)  The  paid  designation  "mail"  followed  by  the  name  of  the 
port  at  which  the  radiogram  is  to  be  mailed; 

(2)  The  name  and  complete  address  of  the  addressee; 

(3)  The  name  of  the  station  on  shipboard  by  which  the  radiogram 
is  to  be  mailed ; 

(4)  ^Alien  necessary,  the  name  of  the  coastal  station. 
Example:  Mail  Buenosaires  14  Calle  Prat  Valparaiso  Avon  Lizard. 
The  rate  shall  comprise,  in  addition  to  the  radio  and  telegraph 

rates,  a  sum  of  25  centimes  (.048  cents)  for  the  postage  on  the  radio- 


gram. 


9.  FILES. 
Article  XL. 

The  originals  of  radiograms  together  with  the  documents  relating 
thereto  retained  by  the  managements  of  the  radio  service  shall  be 
kept,  with  all  the  necessary  precautions  as  regards  secrecy,  for  a 
period  of  at  least  fifteen  months  beginning  with  the  month  following 
that  of  the  posting  of  the  radiogram. 

Such  originals  and  documents  shall,  as  far  as  practicable,  be  sent 
at  least  once  a  month  by  the  shipboard  stations  to  the  management  of 
the  radio  service  to  which  they  are  subject. 

10.  REBATES  AND  REIMBURSEMENTS. 

Article  XLI. 

1.  With  regard  to  rebates  and  reimbursements,  the  International 
Telegraph  Regulations  shall  be  applicable,  taking  into  account  the 
restrictions  specified  in  Article  XXXV 1 11  and  XXXIX  of  the  pres- 
ent Regulations  and  subject  to  the  following  reservations: 

The  time  employed  in  the  transmission  of  radiograms  and  the 
time  that  radiograms  remain  in  a  coastal  station  in  the  case  of  radio- 
grams intended  for  ships,  or  in  the  station  on  shipboard  in  the  case 
of  radiograms  proceeding  from  ships,  shall  not  be  counted  as  delays 
as  regards  rebates  or  reimbursements. 


213 

If  the  coastal  station  notifies  the  office  of  orifjin  that  a  radiofrram 
can  not  be  transmitted  to  the  siiip  addressed,  the  nianajj;enient  of  the 
radio  service  of  the  country  of  origin  shall  immediately  instigate 
reimbursement  to  the  sender  of  the  coastal  and  shipboard  rates  relat- 
ing to  the  radiogram.  In  such  case,  the  refun(k'(l  charges  shall  not 
enter  into  the  accounts  provided  for  by  Article  XLII,  but  the  radio- 
gram shall  be  mentioned  therein  as  a  memorandum. 

Reimbursements  shall  be  borne  by  the  dill'erent  managements  of 
the  radio  service  and  private  enterprises  which  have  taken  part  in 
the  transmission  of  the  radiogram,  each  management  or  private 
enterprise  relinquisliing  its  share  of  the  rate.  Kadiograms  to  which 
Articles  7  and  8  of  the  Convention  of  St.  Petersburg  are  applicable 
shall  remain  subject,  however,  to  the  provisions  of  the  International 
Telegraph  Regulations,  except  when  the  acceptance  of  such  radio- 
grams is  the  result  of  an  error  made  by  the  telegraph  service. 

2.  When  the  acknowledgment  of  receipt  of  a  radiogram  has  not 
reached  the  station  which  has  transmitted  the  message,  the  charges 
shall  be  refunded  only  if  the  fact  has  been  established  that  the  radio- 
gram is  entitled  to  reimbursement. 

11.  ACCOUNTS  AND   PAYMENT  OF   CHARGES. 

1.  The  coastal  and  shipboard  charges  shall  not  enter  into  the 
accounts  provided  for  by  the  International  Telegraph  Regulations. 

The  accounts  regarding  such  charges  shall  be  liquidated  by  the 
managements  of  the  radio  service  of  the  countries  concerned.  They 
shall  be  drawn  up  by  the  radio  managements  to  which  the  coastal 
stations  are  subject,  and  communicated  by  them  to  the  radio  man- 
agements concerned.  In  cases  where  the  working  of  the  coastal  sta- 
tions is  independent  of  the  management  of  the  radio  service  of  the 
country,  the  partj'-  working  such  stations  may  be  substituted,  as 
regards  the  accounts,  for  the  radio  management  of  such  country. 

2.  For  transmission  over  the  telegraph  lines  radiograms  shall  be 
treated,  so  far  as  the  payment  of  rates  is  concerned,  in  conformity 
with  the  International  Telegraph  Regulations. 

3.  For  radiograms  proceeding  from  ships,  the  radio  management 
to  which  the  coastal  station  is  subject  shall  charge  the  radio  manage- 
ment to  which  the  shipboard  station  of  origin  is  subject  with  the 
coastal  and  ordinary  telegraph  rates,  the  total  charges  collected  for 
answers  prepaid,  the  coastal  and  telegraph  rates  collected  for  repeti- 
tion of  message  (for  purposes  of  verification),  charges  relating  to 
special  delivery  (in  the  case  provided  for  in  Article  XXXVIII).  or 
deliverv  by  mail,  and  those  collected  for  additional  copies  (TM). 
The  radio  management  to  which  the  coastal  station  is  subject  shall 
credit,  when  the  case  arises,  through  the  channel  of  the  telegraph 
accounts  and  through  the  medium  of  the  offices  which  have  partici- 
pated in  the  transmission  of  the  radiograms,  the  radio  management 
to  which  the  office  of  destination  is  subject  with  the  total  charges 
relating  to  answers  prepaid.  "With  respect  to  the  telegraph  rates 
and  tlic  charges  relating  to  special  delivery  or  deliverv  by  mail,  and 
to  additional  copies,  the  procedure  shall  be  as  prescribed  in  the  Tele- 
graph Regulations,  the  coastal  station  being  considered  as  the  tele- 
graph office  of  origin. 


214 

For  radiooframs  intended  for  a  country  lyinir  beyond  the  country 
to  which  the  coastal  station  bekmgs.  the  telo«^raph  charges  to  be  liqui- 
dated in  conformity  with  the  above  provisions  shall  be  those  which 
result  either  from  tables  "A"  and  "  B  "  annexed  to  the  International 
Telegraph  Regulations,  or  from  special  arrangements  concluded  be- 
tween the  radio  managements  of  adjacent  countries  and  published 
by  such  managements,  and  not  the  charges  which  might  be  collected 
in  accordance  with  the  special  [  ovisions  of  Articles  XXIII,  par.  1, 
and  XXVII.  par.  1,  of  the  Telegraph  Regulations. 

For  radiograms  and  paid  service  notices  intended  for  ships,  the 
radio  management  to  which  the  office  of  origin  is  subject  shall  be 
charged  directly  by  that  to  which  the  coastal  station  is  subject  with 
the  coastal  and  shi]iboard  rates.  However,  the  total  charges  relating 
to  answers  prepaid  shall  be  credited,  if  there  is  occasion,  from 
country  to  country,  through  the  channel  of  the  telegraph  accounts, 
until  they  reach  the  radio  management  to  which  the  coastal  station 
is  subject.  As  regards  the  telegraph  charges  and  the  charges  relat- 
ing to  delivery  by  mail  and  additional  coj^ies,  the  procedure  shall  be 
as  prescribed  in  the  Telegraph  Regulations.  The  radio  management 
to  which  the  coastal  station  is  subject  shall  credit  that  to  which  the 
ship  of  destination  is  subject  with  the  shipboard  rate,  if  there  is  occa- 
sion, with  the  rates  accruing  to  the  intermediary  shipboard  stations, 
the  total  charge  collected  for  answers  prepaid,  the  shipboard  rates 
for  repetition  of  message  (for  purjDOses  of  verification),  and  the 
charges  collected  for  the  preparation  of  additional  copies  and  for 
delivery  by  mail. 

Paid  service  notices  and  answers  prepaid  shall  be  treated  in  the 
radio  accounts  in  all  respects  the  same  as  other  radiograms. 

For  radiograms  transmitted  by  means  of  one  or  two  intermediary 
stations  on  shipboard,  each  one  of  such  stations  shall  charge  the  ship- 
board station  of  origin,  in  the  case  of  a  radiogram  proceeding  from 
a  ship,  or  that  of  destination,  in  the  case  of  a  radiogram  intended  for 
a  ship,  with  the  shipboard  rate  accruing  to  it  for  transit. 

4.  In  general,  the  liquidation  of  accounts  relating  to  correspond- 
ence between  stations  on  shipboard  shall  be  effected  directly  between 
the  companies  working  such  stations,  the  station  of  origin  being 
charged  by  the  station  of  destination. 

5.  The  monthly  accounts  serving  as  a  basis  for  the  special  accounts 
of  radiograms  shall  be  made  out  tor  each  radiogram  separately  with 
all  the  necessary  data  within  a  period  of  six  months  from  the  month 
to  which  they  refer. 

6.  The  Governments  reserve  the  right  to  enter  into  special  agree- 
ments among  themselves  and  with  private  companies  (parties  oper- 
ating radio  stations,  shipping  companies,  etc.)  with  a  view  of  adopting 
other  provisons  with  regard  to  accounts. 

12.  INTERNATIONAL  BUREAU. 

Aeticle  XLIII. 

The  additional  expenses  resulting  from  the  work  of  the  Inter- 
national Bureau  so  far  as  radio  telegraphy  is  concerned  shall  not 
exceed  80,000  francs  a  year,  exclusive  of  the  special  expense^  arising 
from  the  convening  of  the  International  Conference. 


215 

The  managemerits  of  the  radio  servnee  of  tlie  contraftinp  states 
shall,  so  far  as  contribution  to  the  expenses  is  concerned,  be  divided 
into  six  classes,  as  follows: 

1st  Class: 

Union  of  South  Africa;  Germany,  United  States  of  America; 
Alaska;  Hawaii  and  the  otbor  American  possessions  in  Polynesia; 
Philippine  Islands;  Porto  Hico  and  the  American  possessions  in 
the  Antilles;  l^mama  Canal  Zone;  Argentine  Republic;  Australia; 
Austria;  Brazil;  Canada;  France;  Great  Britain;  Hungary;  British 
India;  Italy;  Japan;  New  Zealand;  Russia;  Turkey. 

2nd  Class: 

Spain. 

3rd  Class: 

Russian  Central  Asia  (littoral  of  the  Caspian  Sea);  Belgium; 
Chile,  Chosen,  Formosa,  Japanese  Sakhalin  and  the  leased  territory 
of  Kwantung;  Dutch  Indies;  Norway;  Netherlands;  Portugal;  Ron- 
mania;  Western  Siberia  (littoral  of  the  Arctic  Ocean);  Eastern 
Siberia  (littoral  of  the  Pacific  Ocean)  ;  Sweden. 

4th  Class: 

German  East  Africa;  German  Southwest  Africa;  Kamerun;  Togo 
Land;  German  Protectorates  in  the  Pacific;  Denmark;  Egypt;  Indo- 
China;  Mexico;  Siam;  Uruguay. 

6th  Class: 

French  West  Africa;  Bosnia  -  Herzegovina;  Bulgaria;  Greece: 
Madagascar;  Tunis. 

6th  Class: 

French  Equatorial  Africa;  Portuguese  West  Africa;  Portuguese 
East  Africa  and  the  Portuguese  possessions  in  Asia ;  Bokhara ;  Bel- 
gian Congo;  Colony  of  Curacao;  Spanish  Colony  of  the  Gulf  of 
Guinea;  Eritrea;  Kliiva;  Morocco;  Monaco;  Persia;  San  Marino; 
Italian  Somaliland. 

Article  XLIV. 

The  management  of  the  radio  service  of  the  different  countries 
shall  forward  to  the  International  Bureau  a  table  in  conformity  with 
the  annexed  blank,  containing  the  data  enumerated  in  said  table  for 
stations  such  as  referred  to  in  Article  V  of  the  Regulations.  Changes 
occurring  and  additional  data  shall  be  forwarded  by  the  radio  man- 
agements to  the  International  Bureau  between  the  1st  and  10th  day 
of  each  month.  With  the  aid  of  such  data  the  International  Bureau 
shall  draw  up  the  list  provided  for  in  Article  V.  Tiie  list  shall  be 
distributed  to  the  radio  managements  concerned.  The  list  and  the 
supplements  thereto  may  also  be  sold  to  the  public  at  the  cost  price. 

The  International  Bureau  shall  see  to  it  that  the  same  call  letters 
for  several  radio  stations  shall  not  be  adopted. 

18.  METEOROLOGICAL     RADTOnRA:\rS,     TIME     SIGNALS    AND    OTHER 

RADIOGRAMS. 

Article  XLV. 

1.  Tlie  managements  of  the  radio  service  shall  take  the  necessary 
steps  to  supplv  their  coastal  stations  witli  meteorological  radiograms 
containing  indications  concerning  the  district  of  such  stations.     Such 


216 

radiocrrams,  the  text  of  which  shall  not  exceed  20  words,  shall  be 
transmitted  to  ships  upon  request.  The  rate  for  such  meteorological 
radiograms  shall  be  carried  to  the  account  of  the  ships  to  which  they 
are  addressed. 

2.  Meteorological  observations  made  by  certain  vessels  designated 
for  this  purpose  by  the  country  to  which  they  are  subject,  may  be 
transmitted  once  a  day,  as  paid  serv'ice  notices,  to  the  coastal  stations 
authorized  to  receive  the  same  by  the  managements  concerned,  who 
shall  likewise  designate  the  meteorological  offices  to  which  such 
observations  shall  be  addressed  by  the  coastal  stations. 

3.  Time  signals  and  meteorological  radiogi-ams  shall  be  trans- 
mitted one  after  the  other  in  such  a  way  that  the  total  time  occupied 
in  their  transmission  shall  not  exceed  ten  minutes.  As  a  general  rule, 
all  radio  stations  whose  transmissions  might  interfere  with  the  recep- 
tion of  such  signals  and  radiograms,  shall  remain  silent  during  their 
transmission  in  order  that  all  stations  desiring  it  may  be  able  to 
receive  the  same.  Exception  shall  be  made  in  cases  of  distress  calls 
r.nd  of  state  telegrams. 

4.  The  managements  of  the  radio  service  shall  give  to  agencies  of 
marithne  information  such  data  regarding  losses  and  casualties  at  sea 
or  other  information  of  general  interest  to  navigation,  as  the  coastal 
stations  may  properly  report. 

14.  MISCELLANEOUS  PROVISIONS. 

Akticle  XL^^[. 

The  exchange  of  correspondence  between  shipboard  stations  shall 
be  carried  on  in  such  a  manner  as  not  to  interfere  with  the  service » 
of  the  coastal  stations,  the  latter,  as  a  general  rule,  being  accorded 
the  right  of  priority  for  the  public  service. 

Article  XL VII. 

Coastal  stations  and  stations  on  shipboard  shall  not  be  bound  to 
participate  in  the  retransmission  of  radiograms  except  in  cases  where 
direct  communication  cannot  be  established  between  the  stations  of 
origin  and  destination. 

The  number  of  such  retransmissions  shall,  however,  be  limited  to 
two. 

In  the  case  of  radiograms  intended  for  the  coast,  retransmission 
shall  take  place  only  for  the  purpose  of  reaching  the  nearest  coastal 
station. 

Retransmission  shall  in  every  case  be  subject  to  the  condition  that 
the  intermediate  station  which  receives  the  radiogram  in  transit  is 
in  a  position  to  forward  it. 

Article  XLVIH. 

If  the  route  of  a  radiogram  is  partly  over  telegraph  lines,  or 
through  radio  stations  subject  to  a  non-contracting  Government, 
such  radiograms  may  be  transmitted  provided  the  management  or 
the  radio  service  to  which  such  lines  or  stations  are  subject  have 


217 

declared  that,  if  the  occasion  should  arise,  they  will  comply  with 
such  provisions  of  the  Convention  and  of  the  Kef^ulations  as  are  in- 
dispensible  to  the  regular  transmission  of  radiograms  and  that  the 
payment  of  charges  is  insured.  Such  declaration  shall  be  made  to 
the  International  Bureau  and  coimnunicated  to  the  oflices  of  the 
Telegraph  Union. 

Article  XLIX. 

Modifications  of  the  pre.sent  regidations  which  maj'  be  rendered 
necessary  in  consequence  of  the  decisions  of  subsequent  Telegraph 
Conferences  shall  go  into  effect  on  the  date  fixed  for  the  application 
of  the  provisions  adopted  by  each  one  of  such  conferences. 

Article  L. 

The  provisions  of  the  International  Telegraph  Regulations  shall 
be  applicable  analogously  to  radio  correspondence  in  so  far  t>6  they 
are  not  contrary  to  the  provisions  of  the  present  regulations.  The 
following  provisions  of  the  Telegraph  Regulations,  in  particular, 
shall  be  applicable  to  radio  correspondence :  Article  XXVII,  para- 
graphs 3  to  6,  relating  to  the  collection  of  charges;  Article  XjCVI 
and  XLI  relating  to  the  indication  of  the  route  to  be  followed; 
Article  LXXV,  paragraph  1,  LXXVIII,  paragraphs  2  to  4,  and 
LXXIX,  paragraphs  2  and  4,  relating  to  the  preparation  of  ac- 
counts. However: — (1)  The  period  of  six  months  provided  by 
paragraph  2  of  Article  LXXIX  of  the  Telegraph  Regulations  for 
the  verification  of  accounts  shall  be  extended  to  nine  months  in  the 
case  of  radiograms;  (2)  The  provisions  of  Article  XVI,  paragraph 
2,  shall  not  be  considered  as  authorizing  gratuitous  transmission, 
through  radio  stations,  of  service  telegrams  relating  exclusively  to 
the  telegraph  service,  nor  the  free  transmission  over  the  telegraph 
lines  of  service  telegrams  relating  exclusively  to  the  radio  service; 
(3)  The  provisions  of  Article  LXXIX,  paragraphs  3  and  5,  shall 
not  be  applicable  to  radio  accounts.  As  regards  the  application  of 
the  provisions  of  the  Telegraph  Regulations,  coastal  stations  shall 
be  considered  as  offices  of  transit  except  when  the  Radio  Regulations 
expressly  stipulate  that  such  stations  shall  be  considered  as  offices 
of  origin  or  of  destination. 

In  conformity  with  Article  11  of  the  Convention  of  London,  the 
present  Regulations  shall  go  into  effect  on  the  first  day  of  July,  1013. 

In  witness  whereof  the  respective  plenipotentiaries  have  signed 
one  copy  of  these  Regulations,  which  shall  be  deposited  in  the  ar- 
chives of  the  British  (iovernment,  and  a  copy  of  which  shall  be  ti'aus- 
mitted  to  each  of  the  Parties. 

For  Germany  and  the  (merman  Protectorates: 

B.   KOEHLER 

O.  Waciienfeld 

Dr.  Karl  Stre(  ker 

sciirader 

Goetsch 

Dr.  Emil  Krauss 

FlEUTZ 


218 

For  the  United  States  and  the  possessions  of  the  United  States: 

John  R.  Edwards 

Jxo,  Q.  Walton 

Willis  L.  Moore 

Louis  W.  Austin 

George  Owen  Squieh 

Edgar  Russel 

C.  McK.  Saltzman 

David  Wooster  Todd 

John  Hays  Hammond,  Jr. 

Webster 

W.  D.  Terrell 

John  I.  Waterburt 
For  Argentine  Republic: 

Vicente  J.  Dominguez 
For  Austria : 

Dr.  Gritz  Ritter  Wagner  von  Jauregq 

Dr.  Rudolph  Ritter  Sfeil  v.  Ostheim 
For  Hungary: 

Charles  Follert 

Dr.  Hennyey 
For  Bosnia-Herzegovina : 

H.  GoiGINGER.  G.  M. 

Adolf  Daningeb 
A.  CicoLi 
Romeo  Vio 


For  Belgium: 

For  Belgian  Congo: 
For  Brazil : 
For  Bulgaria: 
For  Chile: 
For  Denmark: 


J.  Banneaux 

Deldime 

Robert  B.  Goldschmidt 
Dr.  Francisco  Bherinq 
Iv.  Stoyanovitch 

C.  E.  RiCKARD 


N.  ]\fEYER 
J.  A.  VoHTZ 

R.  N.  A.  Fabeb 

T.  F.  KR.VRUP 
For  Egypt: 

J.  S.  Liddell 
For  Spain  and  the  Spanish  Colonies: 

Jacobo  Garcia  Roure 

Juan  de  Carr.\nza  y  Garrido 

Jacinto  Laborador 

Antonio  Nieto 

ToMAS  Fernandez  Quintana 

Jaime  Janer  Robinson 
For  France  and  Algeria  : 

A.  Frouin 
For  French  West  Africa : 

A.  Duchenb 


219 

For  French  Equatorial  Alricu  : 

A.  DUCIIENB 

For  Indo-China: 

A.  DUCHENB 

For  Madagascar: 

A.  DuCHENB 

For  Tunis : 

Et.  de  Felcourt 
For  Great  Britain  and  tlie  various  British  Colonies  and  Protec- 
torates : 

H.  Baijington  Smith 

E.  W.  F.VRNALL 

E.  Charlton 

G.  M.  AV.  Macdonogh 
For  Union  of  South  Africa : 

Richard  Solomon 
For  Australian  Federation : 

Charles  Bright. 


For  Canada : 

For  British  India : 

For  New  Zealand : 
For  Greece : 


G.  J.  Desbarats 

H.  A.  Kirk 
Dempster. 

C.  Wray  Palliser. 


C.  Dosios 
For  Italy  and  the  Italian  Colonies: 

Prof.  A.  Battelli 
For  Japan  and  for  Chosen,  Formosa,  Japanese  Sakhalin,  and  th# 
leased  territory  of  Kwantung: 

Tetsujiro  Sakano 

Kenji  Ide 

Rnjju  Nakayama 

Seiichi  Kukose 


For  Morroco: 

For  Monaco: 
For  Norway: 

For  Netherlands; 


Mohammed  el  Kabadj 

u.  aseksio 

Fr.  Roussel 

Hefty  E 

K.  A.  Knidsson 


G.  J.  C.  A.  Pop 

J.   P.   GlEPIX 

For  Dutch  Indies  and  tlic  Colony  of  Curac^ao: 

Perk 

F.  van  der  Goot 
For  Persia : 

MiRZA  Abdil  Ghafjar  Khan 
For  Portupnl  and  the  Portuguese  Colonies: 

Antonio  Maria  da  Silva 
Ft)r  Roumania : 

C.  Boerescu 


220 


For  Russia  and  the  Russian  possessions  and  Protectorates: 

N.  DE  Etter 

P.  OSSADTCHY 
A,    EULER 

Sergueievitch 
C.  Dmitrieff 

D.   SOKOLTSOW 

A.  Stchastni 
Baron  A.  Wyneken" 

For  Republic  of  San  Marino: 

Aeturo  Serena 

For  Siam: 


Fot  Sweden: 


For  Turkey: 


For  Uruguay: 


Ldang  Sanpakftch  Pkeecha 
Wm.  J.  Aecheb 

Rydin 
Hamilton 

M.  Emin 
M.  Fahry 
OsMAN  Sadi 

Fed.  R.  Vidiella 


(Supplement  to  Article  XLIV  of  the  Regulations.) 
Etadio  Management  of .     Service  Particulars  of  Radio  Stations. 


(a)  COASTAL  STATIONS 

• 

^^ 

%% 

« 

g.i 

tion:  E.  E 
West    Ion 
rth  latitu 
tude.    Te 
ns. 

fl 
5 

s3 
■Sa 

■23 
It 

E 

3 

•9fe 
"S  ^ 

o 

cs.    (When      necessa 
and  maimer  of  .sendi 
signals  and  meteorolo 
diograms.) 

Namp, 

"3 

eographical  loca 
longitude.    0. 
tude.      N.     No 
S.     South     lati 
torial  subdivisio 

g 

^a 

si 

system  wit 
ics  of  the 
m. 

lengths  in 
al   wave  1 
rscored). 

s 
E 

£■3 

Si 

rate,  per  w 
num    rate 
,  in  francs. 

O 

o 

adio 

terist 

syste 

'ave 

norm 

unde 

s 

3 

OJ 

Coastal 
minii 
gram 

emar 
hour 
time 
calra 

"A 

o 

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"A 

rt 

ts 

iz; 

W 

A 

(b)  shipboard  stations. 


Name. 


03 
I 
01 


09 

o 


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C3 


a 

O 


.C  03 

^::  . 

O  o  to 
•«  ♦J  a 


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te  o 

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00 


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03   WW** 


221 

(Supplement  to  Article  XXI I  or  tiik  Reoulations.) 
List  of  Abbreviations  to  be  used  in  Radio  Communicationa. 


Abbre- 
viation. 


Question. 


Answer  or  Notice. 


PRB 

QR-\ 
QHB 
QRC 
QRD 
QRF 
QRG 
QRH 
QUJ 
QRIC 
QRL 


QRM 
QRN 
QRO 
QRI' 
QRQ 
QRS 
QRT 
QRU 
QRV 
QRW 

QRX 
QRY 
QR/. 
QSA 
QSB 

QSC 
QSD 
QSF 

QSG 
QSH 
QSJ 
QSK 
QSL 
QSM 
QSN 
QSO 

QSP 
QSQ 
QSR 

QST 
QSU 

•QSV 

QSW 
QSY 

QSX 


(CQ). 
(TR). 


(I). 


Do  you  wish  to  communicate  by  moans  of  the 

International  Siirnal  Code? 
Wliat  ship  or  ooa.st  station  is  that? 
What  is  your  distance? 
What  is  your  true  bearing? 
Wliere  are  you  liound  for? 
Wlicre  aro  you  bound  from? 
What  line  do  you  bcloni;  to? 
What  is  your  wave  length  in  meters? 
How  many  words  have  you  to  send? 
How  do  you  receive  me? 
Are  you  receiving  badly?    Shall  I  send  20. 

for  adjustment? 
Are  you  being  interfered  with? 
Aro  "the  atmospherics  strong? 
Shall  I  increase  power? 
Shall  I  decrease  power? 
Shall  I  send  faster? 
Shall  I  send  slower? 
Shall  I  stop  sending? 
Have  you  anything  for  met 
Are  you  ready? 
Are  you  busy? 

Shall  I  stand  by? 
■\Vhen  will  be  my  tiun? 
Are  my  signals  weak? 
Are  my  signals  strong? 
Is  my  tone  bad? 
Is  my  spark  bad? 
Is  my  spacing  bad? 
What  is  your  time? 

Is  transmission  to  be  in  alternate  order  or  in 
series? 

What  rate  shall  I  collect  for ? 

Is  the  last  radiogram  cancelled? 

Did  you  get  my  receipt? 

What  Ls  your  true  course? 

Are  you  in  communication  witli  land? 

Are  you  in  communication  with  any  ship  or 

station  (or:  with )? 

Shall  I  inform that  you  are  calling  him? 

Is calling  me? 

Will  you  forward  the  radiogram? 

Have  you  received  the  general  call? 

Please" call  me  when  you  have  finished  (or:  at 

..  o'clock)? 
Is  public  correspondence  being  handled? 

Shall  I  increase  my  spark  frequency? 

Shall  I  send  on  a  wave  length  of meters? 

Shall  I  decrease  my  spark  frequency? 


Signal  of  enquiry  made  by  a  station  desiring  to 
communicate. 

Signal  announcing  tho  sending  of  particulars 
concerning  a  station  on  shipboard  f.Vrt.  XXII). 

Signal  indicating  that  a  station  Ls  about  to  send 
at  high  power. 

I  wish  to  communicate  by  means  of  the  Inter- 
national Signal  Code. 

This  Ls 

My  distance  is 

My  true  liearing  is degrees. 

I  am  bound  for 

I  am  bound  from 

I  belong  to  the Line. 

My  wave  length  is meters. 

I  have words  to  send. 

I  am  receiving  well. 

I  am  receiving  badly.    Please  send  20. 

for  adjustment 
I  am  being  interfered  with. 
Atmospherics  are  very  strong. 
Increase  power. 
Decrease  power. 
Send  faster. 
Send  slower. 
Stop  sending. 
I  have  nothing  for  you. 
I  am  ready.    All  right  now. 

I  am  busy  (or,  I  am  busy  with ).    Please 

do  not  interfere. 
Stand  by.    I  wUl  call  you  when  required. 

Your  turn  will  be  No 

Your  signals  are  weak. 
Your  signals  are  strong. 
The  tone  is  bad. 
The  spark  is  bad. 
Your  spacing  is  bad. 

Mv  time  is 

Transmission  wUl  be  La  alternate  order. 

Transmission  will  be  in  series  of  5  messages. 
Transmission  will  be  in  series  of  10  messages. 

Collect 

The  last  radiogram  is  cancelled. 
Please  acknowledge. 

My  true  course  is degrees. 

I  am  not  in  communication  with  land. 

I  am  in  communication  with   (through 

Inform that  I  am  calling  him. 

You  are  being  called  by 

I  will  forward  the  radiogram. 
General  call  to  all  stations. 
Will  call  when  I  have  fmished. 

Public  correspondence  is  being  handled.    Please 

do  not  interfere. 
Int-rease  your  spark  frequency. 
Let  us   change   to   the   wave   length  of 

meters. 
Decrease  your  spark  frequency. 


Public  correspondence  is  any  radio  work,  ofTicial  or  private,  han- 
dled on  commercial  wave  len^hs. 

Wlu'ii  iui  al)breviii(i(>n  is  followed  by  a  mark  of  interrogation,  it 
refers  to  the  question  indicated  for  that  abbreviation. 


222 

EXAMPLES. 

StaHon. 

A     Q  R  A?  What  is  the  name  of  your  station? 

B     Q  R  A  Campania  This  is  the  Campania. 

A     Q  R  G?  To  what  line  do  you  belong. 

B     Q  R  G  Cunard  Q  R  Z    I   belong  to   the   Cunard  Line.     Your   signals  are 

weak. 

Station  A  then  increases  the  power  of  its  transmitter  and  sends: 

A     Q  R  K?  How  are  you  receiving? 

B     Q  R  K  I  am  receiving  well. 

Q  R  B  80  The  distance  between  our  stations  is  80  nautical 

miles. 

Q  R  C  62  My  true  bearing  is  G2  degrees,  etc. 

Resolved  {two-thirds  of  the  Senators  present  concurring  therein)^ 
That  the  Senate  advise  and  consent  to  the  ratification  of  the  radio- 
telegraphic  convention  si^ed  at  London  on  July  5,  1912,  with  the 
final  protocol  and  service  reflations  connected  therewith:  Provided^ 
That  the  Senate  advise  and  consent  to  the  ratification  of  said  con- 
vention with  the  understanding  to  be  expressed  as  a  part  of  the  in- 
strument of  ratification  that  nothing  in  the  Ninth  Article  of  the 
Regulations  aflfixed  to  the  convention  shall  be  deemed  to  exclude  the 
United  States  from  the  execution  of  her  inspection  laws  upon  vessela 
entering  in  or  clearing  from  her  ports. 


COLOMBIA, 

1903. 

Ship  Canal  Convention. 

Signed  at  Washington  January  22,  1903 ;  ratification  advised  by  the 

Senate  March  17,  1903. 

[The  text  of  this  convention  is  taken  from  the  copy  printed  for 
the  use  of  the  Senate  of  the  United  States.] 

Articles. 


I.  Sale  iind  transfer  of  rights,  etc. 
II.  Right     to    excavate,    construct, 
etc.,  canal. 

III.  Canal  Zone. 

IV.  Sovereignty    of    Colombia    over 

Canal  Zone. 
V.  Ports  at  entrance  of  canal. 
VI.  Acquisition    of    islands    or    har- 
bors by  foreign  Governments. 
VII.  Subsidiary  rights;  damages. 
VIII.  Exemption  of  customhouse  tolls, 
etc. 
IX.  Exemption  of  taxes. 
X.  Telegraph  and  telephone  lines. 
XI.  Access  of  employees. 
XII.  Importation  into  zone. 
XIII.  Protection    of    canal ;     judicial 

tribunals. 
XIV.  Expropriation     of     lands     and 

water. 
XV.  Use  of  ports  by  vessels  in  dis- 
tress. 


XVI.  Neutrality. 

XVII.  Transportation   by   Colombia 
of  vessels,  etc.,  over  canal. 
XVIII.  Regulations. 

XIX.  Sovereignty  of  Colombia. 
XX.  Cancellation       of       existing 
treaties. 
XXI.  Anterior    debts,    concessions, 
etc. 
XXII.  Renunciation  of  rights  under 
concessionary    contracts. 
XXIII.  Armed    force    for    protection 

of  canal. 
XXIV.  Period    of   construction;    ex- 
tension. 
XXV.  Consideration. 
XXVI.  Change  in  government,  laws, 

treaties. 
XXVII.  Composition    of    joint    com- 
mission. 
XXVIII.  Ratification. 


The  United  States  of  America  and  the  Eepublic  of  Colombia, 
being  desirous  to  assure  the  con.struction  of  a  ship  canal  to  con- 
nect the  Atlantic  and  Pacific  Oceans  and  the  Congress  of  the  United 
States  of  America  having  passed  an  Act  approved  June  28,  1902, 
in  furtherance  of  that  object,  a  copy  of  which  is  hereunto  annexed,* 
the  high  contracting  ])arties  have  resolved,  for  that  jiurpose,  to  con- 
clude a  Convention  and  have  accordingly  appointed  as  their  pleni- 
potentiaries. 

The  President  of  the  United  States  of  America,  John  Hay,  Secre- 
tary of  State,  and 

•  See  U.  S.  Stat.".,  vol.  32.  p.  481. 
(223) 


224 

The  President  of  the  Republic  of  Colombia.  Thomas  Herran, 
Charge  d'Ati'aires,  thereunto  specially  eniixnvered  by  said  govern- 
ment. 

who.  after  communicating  to  each  other  their  respective  full  poAvers, 
found  in  good  and  due  form,  have  agreed  upon  and  concluded  the 
following  Articles: 

Article  I. 

The  Government  of  Colombia  authorizes  the  New  Panama  Canal 
Company  to  sell  and  transfer  to  the  United  States  its  rights,  privi- 
leges, properties,  and  concessions,  as  well  as  the  Panama  Railroad 
and  all  the  shares  or  part  of  the  shares  of  that  company;  but  the 
public  lands  situated  outside  of  the  zone  hereinafter  specified,  now 
corresponding  to  the  concessions  to  both  said  enterprises  shall  revert 
to  the  Republic  of  Colombia,  except  any  property  now  owned  by  or 
in  the  possession  of  the  said  companies  within  Panama  or  Colon,  or 
the  ports  and  terminals  thereof. 

But  it  is  understood  that  Colombia  reserves  all  its  rights  to  the 
special  shares  in  the  capital  of  the  New  Panama  Canal  Company  to 
which  reference  is  made  in  Article  IV  of  the  contract  of  December 
10,  1890,  which  shares  shall  be  paid  their  full  nominal  value  at  least; 
but  as  such  right  of  Colombia  exists  solely  in  its  character  of  stock- 
holder in  said  Company,  no  obligation  under  this  provision  is  im- 
posed upon  or  assumed  by  the  United  States. 

The  Railroad  Company  (and  the  United  States  as  owner  of  the 
enterprise)  shall  be  free  from  the  obligations  imposed  by  the  rail- 
road concession,  excepting  as  to  the  payment  at  maturity  by  the 
Railroad  Company  of  the  outstanding  bonds  issued  by  said  Railroad 
Company. 

Akticle  it. 

The  United  States  shall  have  the  exclusive  right  for  the  term  of 
one  hundred  years,  renewable  at  the  sole  and  absolute  option  of  the 
United  States,  for  periods  of  similar  duration  so  long  as  the  United 
States  may  desire,  to  excavate,  construct,  maintain,  operate,  control, 
and  protect  the  Maritime  Canal  with  or  witliout  locks  from  the  At- 
lantic to  the  Pacific  Ocean,  to  and  across  the  territory  of  Colombia, 
such  canal  to  be  of  sufficient  depth  and  capacity  for  vessels  of  the 
largest  tonnage  and  greatest  draft  now  engaged  in  commerce,  and 
such  as  may  be  reasonably  anticipated,  and  also  the  same  rights 
for  the  construction,  maintenance,  operation,  control,  and  protection 
of  the  Panama  Railroad  and  of  railway,  telegraph  and  telephone 
lines,  canals,  dikes,  dams,  and  reservoirs,  and  such  other  auxiliary 
works  as  may  be  necessary  and  convenient  for  the  construction,  main- 
tenance, protection,  and  operation  of  the  canal  and  railroads. 

ARTICLE  III. 

To  enable  the  United  States  to  exercise  the  rights  and  privileges 
granted  by  this  Treaty  the  Republic  of  Colombia  grnnts  to  that  Gov- 
ernment the  use  and  control  for  the  teiin  of  one  hundred  years,  re- 


225 

newable  at  the  sole  and  absolute  option  of  the  United  States,  for 
periods  of  similar  duration  so  lon<;  as  the  United  States  may  desire, 
of  a  zone  of  territory  aloui^  tiie  route  of  the  canal  to  be  constructea 
five  kilometers  in  width  on  either  side  thereof  measured  from  its  cen- 
ter line  includino;  therein  the  necessai*y  auxiliary  canals  not  exceed- 
ing; in  any  case  fifteen  miles  from  the  main  canal  and  other  works, 
tojiether  with  ten  fathoms  of  water  in  the  Bay  of  Limon  in  extension 
of  the  canal,  and  at  least  three  marine  miles  from  mean  low  water 
mark  from  each  terminus  of  the  canal  into  the  Caribliean  Sea  and  the 
Pacific  Ocean  respectively.  So  far  as  necessary  for  the  construction, 
maintenance  and  operation  of  the  canal,  the  United  States  shall  have 
the  use  and  occupation  of  the  «:i'oup  of  small  islands  in  the  Bay  of 
Panama  named  Perico,  Naos,  Culebra  and  Flamenco,  but  the  same 
shall  not  be  construed  as  bein^  within  the  zone  herein  defined  nor 
governed  by  the  special  provisions  applicable  to  the  same. 

This  grant  shall  in  no  manner  invalidate  the  titles  or  rights  of  pri- 
vate land  owners  in  the  said  zone  of  territory,  nor  shall  it  interfere 
with  the  rights  of  way  over  the  public  roads  of  the  Department;  pro- 
vided, however,  that  nothing  herein  contained  shall  operate  to  dimin- 
ish, impair  or  restrict  the  rights  elsewhere  herein  granted  to  the 
United  States. 

This  grant  shall  not  include  the  cities  of  Panama  and  Colon,  ex- 
cept so  far  as  lands  and  other  property  therein  are  now  owned  by  or 
in  possession  of  the  said  Canal  Company  or  the  said  Railroad  Com- 
pany; but  all  the  stipulations  contained  in  Article  35  of  the  Treaty  of 
1846-48  between  the  contracting  parties  shall  continue  and  apply  in 
full  force  to  the  cities  of  Panama  and  Colon  and  to  the  accessory 
community  lands  and  other  property  within  the  said  zone,  and  the 
territory  thereon  shall  be  neutral  territoiy,  and  the  United  States 
shall  continue  to  guarantee  the  neutrality  thereof  and  the  sover- 
eignty of  Colombia  thereover,  in  conformity  with  the  above-men- 
tioned Article  35  of  said  Treaty. 

In  furtherance  of  this  last  provision  there  shall  be  created  a  Joint 
Commission  by  the  Governments  of  Colombia  and  the  United  States 
that  shall  establish  and  enforce  sanitary  and  police  regulations. 

Article  IV. 

The  rights  and  privileges  granted  to  the  United  States  by  the  terms 
of  this  convention  shall  not  affect  the  sovereignty  of  the  Republic  of 
Colombia  over  the  territory  within  whose  boundaries  such  rights  and 
privileges  are  to  be  exercised. 

The  United  States  freely  acknowledges  and  recognizes  this  sov- 
ereignty and  disavows  any  intention  to  impair  it  in  any  way  what- 
ever or  to  increase  its  territory  at  the  expense  of  Colombia  or  of 
any  of  the  sister  republics  in  Central  or  South  America,  but  on  the 
contrary,  it  desires  to  strengthen  the  power  of  the  republics  on  this 
continent,  and  to  promote,  develop  and  maintain  their  prosperity 
and  independence. 

Article  V. 

The  Republic  of  Colombia  authorizes  the  United  States  to  construct 
and  maintain  at  each  entrance  and  terminus  of  the  proposed  canal  a 
port  for  vessels  using  the  same,  with  suitable  light  houses  and  othei 


226 

aids  to  navigation,  and  the  United  States  is  authorized  to  use  and 
occupy  within  the  limits  of  the  zone  fixed  b}'  this  convention,  such 
parts  of  the  coast  line  and  of  the  lands  and  islands  adjacent  thereto 
as  are  necessary  for  this  purpose,  including  the  construction  and 
maintenance  of  breakwaters,  dikes,  jetties,  embankments,  coaling 
stations,  docks  and  other  appropriate  works,  and  the  United  States 
undertakes  the  construction  and  maintenance  of  such  works  and  will 
bear  all  the  expense  thereof.  The  ports  when  established  are  declared 
free,  and  their  demarcations  shall  be  clearh'  and  definitely  defined. 

To  give  etlect  to  this  Article,  the  United  States  will  give  special 
attention  and  care  to  the  maintenance  of  works  for  drainage,  sanitary 
and  healthful  purposes  along  the  line  of  the  canal,  and  its  de- 
pendencies, in  order  to  prevent  the  invasion  of  epidemics  or  of 
securing  their  prompt  suppression  should  they  appear.  With  this 
end  in  view  the  United  States  will  organize  hospitals  along  the  line 
of  the  canal,  and  will  suitably  supply  or  cause  to  be  supplied  the 
towns  of  Panama  and  Colon  with  the  necessary  aqueducts  and  drain- 
age works,  in  order  to  prevent  their  becoming  centers  of  infection  on 
account  of  their  proximity  to  the  canal. 

The  Government  of  Colombia  will  secure  for  the  United  States  or 
its  nominees  the  lands  and  rights  that  may  be  required  in  the  towns 
of  Panama  and  Colon  to  effect  the  improvements  above  referred  to, 
and  the  Government  of  the  United  States  or  its  nominees  shall  be 
authorized  to  impose  and  collect  equitable  water  rates,  during  fifty 
years  for  the  service  rendered;  but  on  the  expiration  of  said  term  the 
use  of  the  water  shall  be  free  for  the  inhabitants  of  Panama  and 
Colon,  except  to  the  extent  that  may  be  necessary  for  the  operation 
and  maintenance  of  said  water  system,  including  reservoirs,  aque- 
ducts, hydrants,  sup23ly  service,  drainage  and  other  works. 

Article  VI. 

The  Republic  of  Colombia  agi-ees  that  it  will  not  cede  or  lease 
to  any  foreign  Government  any  of  its  islands  or  harbors  within 
or  adjacent  to  the  Bay  of  Panama,  nor  on  the  Atlantic  Coast  of 
Colombia,  between  the  Atrato  River  and  the  western  boundary  of 
the  Department  of  Panama,  for  the  purpose  of  establishing  forti- 
fications, naval  or  coaling  stations,  military  posts,  docks  or  other 
works  that  might  interfere  with  the  construction,  maintenance, 
operation,  protection,  safety,  and  free  use  of  the  canal  and  auxiliary 
works.  In  order  to  enable  Colombia  to  comply  w'ith  this  stipulation, 
the  Government  of  the  United  States  agrees  to  give  Colombia  the 
material  support  that  may  be  required  in  order  to  prevent  the  occu- 
pation of  said  islands  ancl  ports,  guaranteeing  there  the  sovereignty, 
independence  and  integrity  of  Colombia. 

Article  VII. 

The  Republic  of  Colombia  includes  in  the  foregoing  grant  the 
right  without  obstacle,  cost,  or  im])ediment,  to  such  control,  con- 
sumption and  general  utilization  in  any  manner  found  necessary  by 
the  United  States  to  the  exercise  by  it  of  the  grants  to,  and  rights 
conferred  upon  it  by  this  Treaty,  the  waters  of  the  Chagres  River 
and  other  streams,  lakes  and  lagoons,  of  all  non-navigable  waters. 


007 

natural  and  artificial,  and  also  to  navijrato  all  rivers,  streams,  lakes 
and  other  navi^al)le  ^vn(er-^vays,  wiliiin  the  jurisdiction  and  under 
the  dominion  of  the  Kepublic  of  Colombia,  in  the  De|)artment  of 
Panama,  within  or  without  said  zone,  as  may  be  necessary  or  desir- 
able for  the  construction,  maintenance  and  operation  of  the  canal 
and  its  auxiliary  canals  and  otiiei-  works,  and  without  tolls  or  charges 
of  any  kind;  and  to  raise  and  lower  tiie  levels  of  the  waters,  and 
to  deflect  them,  and  to  impound  any  such  waters,  and  to  overflow  any 
lands  necessary  for  the  due  exercise  of  such  ^rrants  and  rights  to 
the  United  States;  and  to  rectify,  construct  and  improve  the  navi- 
gation of  any  such  rivers,  streams,  lakes  and  lagoons  at  the  sole  cost 
of  the  United  States;  but  any  such  water-ways  so  made  by  the 
tjnited  States  may  be  used  by  citizens  of  Colombia  free  of  tolls  or 
other  charges.  xVnd  the  United  States  shall  have  the  right  to  use 
without  cost,  any  water,  stone,  clay,  earth  or  other  minerals  belong- 
ing to  Colombia  on  the  public  domain  that  may  be  needed  by  it. 

All  damages  caused  to  private  land  owners  by  inundation  or  by 
the  deviation  of  water  courses,  or  in  other  ways,  arising  out  of  the 
construction  or  operation  of  the  canal,  shall  in  each  case  be  appraised 
and  settled  by  a  joint  commission  appointed  by  the  Governments  of 
the  United  States  and  Colombia,  but  the  cost  of  the  indemnities  so 
agreed  upon  shall  be  borne  solely  by  the  United  States. 

Article  VIII. 

The  Government  of  Colombia  declares  free  for  all  time  the  ports 
at  either  entrance  of  the  Canal,  including  Panama  and  Colon  and 
the  waters  thereof  in  such  manner  that  there  shall  not  be  collected 
by  the  Government  of  Colombia  custom  house  tolls,  tonnage,  an- 
chorage, light-house,  wharf,  pilot,  or  quarantine  dues,  nor  any  other 
charges  or  taxes  of  any  kind  shall  be  levied  or  imposed  by  the  Gov- 
ernment of  Colombia  "upon  any  vessel  using  or  passing  through  the 
Canal  or  belonging  to  or  employed  by  the  United  States,  directly  or 
indirectly,  in  connection  with  the  construction,  maintenance  and  op- 
eration of  the  main  Avork  or  its  auxiliaries,  or  upon  the  cargo,  offi- 
cers, crew,  or  passengers  of  any  such  vessels;  it  being  the  intent  of 
this  convention  that  all  vessels  "and  their  cargoes,  crews,  and  passen- 
gers, shall  be  permitted  to  use  and  pass  through  the  Canal  and  the 
ports  leading  thereto,  subject  to  no  other  demands  or^  impositions 
than  such  tolls  and  charges  as  may  be  imposed  by  the  United  States 
for  the  use  of  the  Canal  and  other  works.  It  being  understood  that 
such  tolls  and  charges  shall  be  governed  by  the  provisions  of  Article 
XVI. 

The  ports  leading  to  the  Canal,  including  Panama  and  Colon,  also 
shall  be  free  to  the  commerce  of  the  world,  and  no  duties  or  taxes 
shall  be  imposed,  except  upon  merchandise  destined  to  be  introduced 
for  the  consumption  of  the  rest  of  the  Kepublic  of  Colombia,  or  the 
Department  of  Panama,  and  upon  vessels  touching  at  the  ports  of 
Colon  and  Panama  and  which  do  not  cross  the  Canal. 

Though  tlie  said  ports  shall  be  free  and  open  to  all.  the  Govern- 
ment of  Colombia  may  establish  in  them  such  custom  houses  and 
guards  as  Colombia  may  deem  necessary  to  collect  duties  on  importa- 
tions destined  to  other  portions  of  Colombia  and  to  prevent  contra- 

76844"— S.  Doc.  10G.3,  61^-3 16 


228 

band  trade.  The  United  States  shall  have  the  right  to  make  use  of 
the  ports  at  the  two  extremities  of  the  Canal  including  Panama  and 
Colon  as  places  of  anchorage,  in  order  to  make  repairs  for  loading, 
unloading,  depositing,  or  transshipping  cargoes  either  in  transit  or 
destined  for  the  serWce  of  the  Canal  and  other  works. 

Any  concessions  or  privileges  granted  by  Colombia  for  the  opera- 
tion of  light  houses  at  Colon  and  Panama  shall  be  subject  to  expro- 
priation, mdemnification  and  payment  in  the  same  manner  as  is  pro- 
vided by  Article  XIV  in  respect  to  the  property  therein  mentioned; 
but  Colombia  shall  make  no  additional  grant  of  any  such  privilege 
nor  change  the  status  of  any  existing  concession. 

Article  IX. 

There  shall  not  be  imposed  any  taxes,  national,  municipal,  depart- 
mental, or  of  any  other  class,  upon  the  canal,  the  vessels  that  may 
use  it,  tugs  and  other  vessels  employed  in  the  service  of  the  canal, 
the  railways  and  auxiliary  works,  store  houses,  work  shops,  ofl&ces, 
quarters  for  laborers,  factories  of  all  kinds,  warehouses,  wharves, 
machinery  and  other  works,  property,  and  effects  appertaining  to 
the  canal  or  railroad  or  that  may  be  necessary  for  the  service  of  the 
canal  or  railroad  and  their  dependencies,  whether  situated  within  the 
cities  of  Panama  and  Colon,  or  any  other  place  authorized  by  the 
provisions  of  this  convention. 

Xor  shall  there  be  imposed  contributions  or  charges  of  a  personal 
character  of  whatever  species  upon  officers,  employees,  laborers,  and 
other  individuals  in  the  service  of  the  canal  and  its  dependencies. 

Aeticle  X. 

It  is  agreed  that  telegraph  and  telephone  lines,  when  established 
for  canal  purposes,  may  also,  under  suitable  regulations,  be  used 
for  public  and  private  business  in  connection  with  the  systems  of 
Colombia  and  the  other  American  Republics  and  with  the  lines  of 
cable  companies  authorized  to  enter  the  ports  and  territories  of  these 
Republics;  but  the  official  dispatches  of  the  Government  of  Colombia 
and  the  authorities  of  the  Department  of  Panama  shall  not  pay  for 
such  service  higher  tolls  than  those  required  from  the  officials  in  the 
service  of  the  United  States. 

ArticI/E  XI. 

The  Government  of  Colombia  shall  permit  the  immigration  and 
free  access  to  the  lands  and  workshops  of  the  canal  and  its  depend- 
encies of  all  employees  and  workmen  of  whatever  nationality  under 
contract  to  work  upon  or  seeking  employment  or  in  any  wise  con- 
nected with  the  said  canal  and  its  dependencies,  with  llioir  respective 
families,  and  all  such  persons  shall  be  free  and  exempt  from  the 
military  service  of  the  Republic  of  Colombia. 

Article  XII. 

The  United  States  may  import  at  any  time  into  the  said  zone, 
fr(;©  of  customs  duties,  imposts,  taxes,  or  other  charges,  and  with- 


229 

out  any  restriction,  any  and  all  vessels,  dredges,  eno^ino^,  cars,  ma- 
chinery, tools,  explosives,  iiialerinls,  supplies,  and  other  articles  nec- 
essar}'  and  convenient  in  the  construction,  maiiitenaiu.'e  and  operation 
of  the  canal  and  auxiliary  woi-ks,  also  all  provisions,  medicines, 
clothing,  supplies  and  other  things  necessary  and  convenient  for  the 
oflicors,  employees,  workmen  and  laborers  in  the  service  and  employ 
of  the  United  States  and  for  their  families.  If  any  such  articles 
are  disposed  of  for  use  without  the  zone  excepting  Panama  and  Colon 
and  within  the  territory  of  the  Republic,  they  sluill  be  subject  to  the 
same  import  or  other  duties  as  like  articles  under  the  laws  of  Colom- 
bia or  the  ordinances  of  the  Department  of  Panama. 

Akticle  XIII. 

The  United  States  shall  have  authority  to  protect  and  make  secure 
the  canal,  as  well  as  railways  and  other  auxiliary  works  and  depend- 
encies, and  to  preserve  order  and  discipline  among  the  laborers  and 
other  persons  who  may  congregate  in  that  re<^ion  and  to  make  and 
enforce  such  police  and  sanitary  regulations  as  it  may  deem  necessary 
to  preserve  order  and  public  health  thereon,  and  to  protect  naviga- 
tion and  commerce  through  and  over  said  canal,  railways  and  other 
works  and  dependencies  from  interruption  or  damage. 

I.  The  Republic  of  Colombia  ma.j  establish  judicial  tribunals 
within  said  zone,  for  the  determination,  according  to  its  laws  and 
judicial  procedure,  of  certain  controversies  hereinafter  mentioned. 

Such  judicial  tribunal  or  tribunals  so  established  by  the  Republic 
of  Colombia  shall  have  exclusive  jurisdiction  in  said  zone  of  all  con- 
troversies between  citizens  of  the  Republic  of  Colombia,  or  between 
citizens  of  the  Republic  of  Colombia  and  citizens  of  any  foreign 
nation  other  than  the  United  States, 

II.  Subject  to  the  general  sovereignty  of  Colombia  over  said  zone, 
the  United  States  may  establish  judicial  tribunals  thereon,  which 
shall  have  jurisdiction  of  certain  controversies  hereinafter  mentioned 
to  be  determined  according  to  the  laws  and  judicial  procedure  of  the 
United  States. 

Such  judicial  tribunal  or  tribunals  so  established  by  the  United 
States  shall  have  exclusive  jurisdiction  in  said  zone  of  all  contro- 
versies between  citizens  of  the  United  States,  and  between  citizens 
of  the  T'^^nited  States  and  citizens  of  any  foreign  nation. other  than 
the  Republic  of  Colombia ;  and  of  all  controversies  in  any  wise 
growing  out  of  or  relating  to  the  construction,  maintenance  or  opera- 
tion of  the  canal,  railway  and  other  properties  and  works. 

III.  The  United  States  and  Colombia  engage  jointly  to  establish 
and  maintain  upon  said  zone,  judicial  tribunals  having  civil,  crimi- 
nal and  admiralty  jurisdiction  and  to  be  composed  of  jurists  ap- 
pointed by  the  Governments  of  the  United  States  and  Colombia  in  a 
manner  hereafter  to  be  agreed  upon  between  said  Governments,  and 
which  tribunals  shall  have  jurisdiction  of  certain  controversies  here- 
inafter mentioned,  and  of  all  crimes,  felonies  and  misdemeanors 
committed  within  said  zone,  and  of  all  cases  arising  in  admiralty, 
according  to  such  laws  and  pro<'edure  as  shall  be  hereafter  agreed 
upon  and  declared  by  the  two  governments. 

Such  joint  judicial  tribunal  shall  have  exclusive  jurisdiction  in 
said  zone  of  all  controversies  between  citizens  of  the  United  States 


230 

and  citizens  of  Colombia,  and  between  citizens  of  nations  other  than 
Colombia  or  the  United  States;  and  also  of  all  crimes,  felonies  and 
misdemeanors  committed  within  said  zone,  and  of  all  questions  of 
admiralty  arising  therein. 

IV.  The  two  Governments  hereafter,  and  from  time  to  time  as 
occasion  arises,  shall  agree  upon  and  establish  the  laws  and  pro- 
cedures which  shall  govern  such  joint  judicial  tribunal  and  which 
shall  be  applicable  to  the  persons  and  cases  over  which  such  tribunal 
shall  have  jurisdiction,  and  also  shall  likewise  create  the  requisite 
ofHcers  and  employees  of  such  court  and  establish  their  powers  and 
duties;  and  further  shall  make  adequate  provision  by  like  agree- 
ment for  the  pursuit,  capture,  imprisonment,  detention  and  delivery 
within  said  zone  of  persons  charged  with  the  commitment  of  crimes, 
felonies  or  misdemeanors  without  said  zone;  and  for.  the  pursuit, 
capture,  imprisonment,  detention  and  delivery  without  said  zone  of 
persons  charged  with  the  commitment  of  crimes,  felonies  and  mis- 
demeanors within  said  zone. 

Article  XIV. 

The  works  of  the  canal,  the  railways  and  their  auxiliaries  are 
declared  of  public  utility,  and  in  consequence  all  areas  of  land  and 
water  necessary  for  the  construction,  maintenance,  and  operation  of 
the  canal  and  the  other  specified  works  ma}'  be  expropriated  in  con- 
formity with  the  laws  of  Colombia,  except  that  the  indemnity  shall 
be  conclusively  determined  without  appeal,  by  a  joint  commission 
appointed  by  the  Governments  of  Colombia  and  the  United  States. 

The  indemnities  awarded  by  the  Commission  for  such  expropria- 
tion shall  be  borne  by  the  United  States,  but  the  appraisal  of  said 
lands  and  the  assessment  of  damages  shall  be  based  upon  their  value 
before  the  commencement  of  the  work  upon  the  canal. 

Article  XV. 

The  Republic  of  Colombia  grants  to  the  United  States  the  use  of 
all  the  ports  of  the  Republic  open  to  commerce  as  places  of  refuge 
for  any  vessels  emplo3^ed  in  the  canal  enterprise,  and  for  all  vessels 
in  distress  having  the  right  to  pass  through  the  canal  and  wishing  to 
anchor  in  said  ports.  Such  vessels  shall  be  exempt  from  anchorage 
and  tonnage  dues  on  the  part  of  Colombia. 

Article  XVI. 

The  canal,  when  constructed,  and  the  entrance  thereto  shall  be 
neutral  in  perpetuity,  and  shall  be  opened  upon  the  terms  provided 
for  by  Section  I  of  Article  three  of,  and  in  conformity  with  all  the 
stipulations  of,  the  treaty  entered  into  by  the  Governments  of  the 
United  States  and  Great  Britain  on  November  18,  1901. 

Article  XVII. 

The  Government  of  Colombia  shall  have  the  right  to  transport  over 
the  canal  its  vessels,  troops,  and  munitions  of  war  at  all  times  with- 
out paying  charges  of  any  kind.    This  exemption  is  to  be  extended 


231 

to  the  auxiliary  railway  for  the  transportation  of  persons  in  the 
service  of  tlic  Republic  of  Colombia  or  of  the  Department  of  I'anama, 
or  of  the  police  force  charged  with  the  preservation  of  public  order 
outside  of  said  zone,  as  well  as  to  their  baggage,  munitions  of  war 
and  supplies. 

Article  XVIII. 

The  United  States  shall  have  full  power  and  authority  to  establish 
and  enforce  regulations  for  the  use  of  the  canal,  railways,  and  tlie 
entering  ports  and  auxiliary  works,  and  to  fix  rates  of  tolls  and 
charges  thereof,  subject  to  the  limitations  stated  in  Article  XVI. 

Article  XIX. 

The  rights  and  privileges  granted  to  the  United  States  by  this 
convention  shall  not  ail'ect  the  sovereignty  of  the  Republic  of  Colom- 
bia over  the  real  estate  that  may  be  acquired  by  the  United  States 
by  reason  of  the  transfer  of  the  rights  of  the  New  Panama  Canal 
Company  and  the  Panama  Railroad  Company  lying  outside  of  the 
said  canal  zone. 

Article  XX. 

If  by  virtue  of  any  existing  treaty  between  the  Republic  of  Colom- 
bia and  any  third  power,  there  may  be  any  privilege  or  concession 
relative  to  an  interoceanic  means  of  communication  which  especially 
favors  such  third  power,  and  which  in  any  of  its  terms  may  be  in- 
compatible with  the  terms  of  the  present  convention,  the  Republic 
of  Colombia  agrees  to  cancel  or  modify  such  treaty  in  due  form,  for 
which  purpose  it  shall  give  to  the  said  third  power  the  requisite 
notification  within  the  term  of  four  months  from  the  date  of  the 
present  convention,  and  in  case  the  existing  treaty  contains  no  clause 
permitting  its  modification  or  annulment,  the  Republic  of  Colombia 
agrees  to  "procure  its  modification  or  annulment  in  such  form  that 
there  shall  not  exist  any  conflict  with  the  stipulations  of  the  present 
convention. 

Article  XXI. 

The  rights  and  privileges  granted  by  the  Republic  of  Colombia  to 
the  United  States  in  the  preceding  Articles  are  understood  to  be  free 
9f  all  anterior  concessions  or  privileges  to  other  Governments,  cor- 
porations, syndicates  or  individuals,  and  consequently,  if  there  should 
arise  any  claims  on  account  of  the  present  concessions  and  privileges 
or  otherwise,  the  claimants  shall  resort  to  the  Government  of  Colom- 
bia and  not  to  the  United  States  for  any  indenniity  or  compromise 
which  may  be  required. 

Akticle  XXII. 

The  Republic  of  Colomlna  renounces  and  grants  to  the  United 
States  the  j-jart icipalion  to  wiiich  it  might  be  entitled  in  the  future 
earnings  of  the  canal  under  Article  XV  of  tlie  concessionary  coniract 
with  Lucien  N.  B.  Wyse  now  owned  by  the  New  Panama  Canal  Com- 
pany and  any  and  all  other  rights  or  claims  of  a  pecuniar}'  nature 


232 

arising  under  or  relating  to  said  ctmce^sion.  or  arising  under  or 
relating  to  the  concessions  to  the  Panama  Kailroad  Company  or  any 
extension  or  modification  thereof;  and  it  likcAvise  renounces,  con- 
firms and  grants  to  the  United  States,  now  and  hereafter,  all  the 
rights  and  property  reserved  in  the  said  conce-^sions  ^Yhich  otlierwise 
would  belong  to  Colombia  at  or  before  the  expiration  of  the  terms  of 
ninety-nine  years  of  the  concessions  granted  to  or  held  by  the  above 
mentioned  party  and  companies,  and  all  right,  title  and  interest 
which  it  now  has  or  may  hereafter  have,  in  and  to  the  lands,  canal, 
works,  property  and  rights  held  by  the  said  companies  under  said 
concessions  or  otherwise,  and  acquired  or  to  be  acquired  by  the  United 
States  from  or  through  the  New  Panama  Canal  Company,  including 
any  property  and  rights  which  might  or  may  in  the  future  either  by 
lapse  of  time,  forfeiture  or  otherwise,  revert  to  the  Republic  of 
Colombia  under  any  contracts  of  concessions,  with  said  AVyse,  the 
Universal  Panama  Canal  Company,  the  Panama  Railroad  Company 
and  the  New  l^anama  Canal  Company. 

The  aforesaid  rights  and  property  shall  be  and  are  free  and  re- 
leased from  any  present  or  reversionary  interest  in  or  claims  of 
Colombia  and  the  title  of  the  United  States  thereto  upon  consum- 
mation of  the  contemplated  purchase  b}'  the  United  States  from  the 
New  Panama  Canal  Company,  shall  be  absolute,  so  far  as  concerns 
the  Republic  of  Colombia,  excepting  always  the  rights  of  Colombia 
specifically  secured  under  this  treaty. 

Article  XXIII. 

If  it  should  become  necessary  at  any  time  to  employ  armed  forces 
for  the  safety  or  protection  of  the  canal,  or  of  the  ships  that  make  use 
of  the  same,  or  the  railways  and  other  works,  the  Republic  of  Colom- 
bia agrees  to  provide  the  forces  necessary  for  such  purpose,  according 
to  the  circumstances  of  the  case,  but  if  the  Government  of  Colombia 
cannot  effectively  comply  with  this  obligation,  then,  with  the  consent 
of  or  at  the  request  of  Colombia,  or  of  her  Minister  at  Washington, 
or  of  the  local  authorities,  civil  or  military,  the  United  States  shall 
employ  such  force  as  may  be  necessarv  for  that  sole  purpose ;  and  as 
soon  as  the  necessity  shall  have  ceased  will  withdraw  the  forces  so 
employed.  Under  exceptional  circumstances,  however,  on  account  of 
unforeseen  or  imminent  danger  to  said  canal,  railways  and  other 
works,  or  to  the  lives  and  property  of  the  persons  employed  upon  the 
canal,  railways,  and  other  works,  the  Government  of  the  United 
States  is  authorized  to  act  in  the  interest  of  their  protection,  without 
the  necessity  of  obtaining  the  consent  beforehand  of  the  Government 
of  Colombia;  and  it  shall  give  immediate  advice  of  the  measures 
adopted  for  the  purpose  stated;  and  as  soon  as  sufficient  Colombian 
forces  shall  arrive  to  attend  to  the  indicated  purpose,  those  of  the 
United  States  shall  retire. 

Article  XXIV- 

The  Government  of  the  United  States  agrees  to  complete  the  con- 
struction of  the  preliminary  works  necessary,  together  with  all  the 
auxiliary  works,  in  tlie  shortest  time  possible;  and  within  two  years 
from  the  date  of  the  exchange  of  ratification  of  this  convention  the 
main  works  of  the  canal  proper  shall  be  commenced,  and  it  shall  be 


233 

opened  to  the  traffic  between  the  two  oceans  within  twelve  years  after 
such  period  of  two  years.  In  case,  however,  that  any  di/Ticulties  or 
obstacles  should  arise  in  the  construction  of  the  canal  wiiich  are  at 
present  impossible  to  foresee,  in  cousidei-ation  of  the  pood  faitii  with 
which  the  (iovernnient  of  the  Unilod  States  shall  have  proc<'eded,  and 
the  large  amount  of  money  expended  so  far  on  the  works  and  the 
nature  of  the  difficuUies  which  may  have  arisen,  the  Government  of 
Colombia  will  prolong  the  terms  stipulated  in  this  Artick*  up  to 
twelve  years  more  for  the  completion  of  the  worlv  of  the  canal. 

But  in  case  the  United  States  should,  at  any  time,  determine  to 
make  such  canal  practically  a  sea  level  canal,  then  such  period  shall  be 
extended  for  ten  years  further. 

Article  XXV. 

As  the  price  or  compensation  for  the  right  to  use  the  zone  granted 
in  this  convention  by  Colombia  to  the  United  States  for  the  construc- 
tion of  a  canal,  together  with  the  proprietary  right  over  the  Panama 
Railroad,  and  for  the  annuity  of  two  hundred  and  fifty  thousand 
dollars  gold,  which  Colombia  ceases  to  receive  from  the  said  rail- 
road, as  well  as  in  compensation  for  other  rights,  privileges  and  ex- 
emptions granted  to  the  United  States,  and  in  consideration  of  the 
increase  in  the  administrative  expenses  of  the  Department  of  Panama 
consequent  upon  the  construction  of  the  said  canal,  the  Government 
of  the  United  States  binds  itself  to  pay  Colombia  the  sum  of  ten 
million  dollars  in  gold  coin  of  the  United  States  on  the  exchange  of 
the  ratification  of  this  convention  after  its  approval  according  to  the 
law^s  of  the  respective  countries,  and  also  an  annual  ])ayment  during 
the  life  of  this  convention  of  two  hundred  and  fifty  thousand  dollars 
in  like  gold  coin,  beginning  nine  years  after  the  date  aforesaid. 

The  provisions  of  this  Article  shall  be  in  addition  to  all  other 
benefits  assured  to  Colombia  under  this  convention. 

But  no  delay  nor  diflforence  of  opinion  under  this  Article  shall 
affect  nor  interrupt  the  full  operation  and  effect  of  this  convention 
in  all  other  respects: 

Article  XXVI. 

No  change  either  in  the  Government  or  in  the  laws  and  treaties  of 
Colombia,  shall,  without  the  consent  of  the  United  States,  affect 
any  right  of  the  United  States  under  the  present  convention,  or  un- 
der any  treaty  stipulation  between  the  two  countries  (that  now  exist 
or  may  hereafter  exist)  touching  the  subject-matter  of  this  conven- 
tion. 

If  Colombia  shall  hereafter  enter  as  a  constituent  into  any  other 
Government  or  into  any  union  or  confederation  of  States  so  as  to 
merge  her  sovereignty  or  independence  in  such  Government,  union, 
or  confederation,  the  rights  of  the  ITnited  States  under  this  conven- 
tion shall  not  be  in  any  respect  lessened  or  impaired. 

Article  XXVII. 

The  joint  commission  referred  to  in  Articles  III,  VIT  and  XTV 
shall  bo  established  as  fallows: 

The  President  of  the  United  States  shall  nominate  two  per-ons 
and  the  President  of  Colombia  shall  nominate  two  persons  and  they 


234 

shall  proceed  to  a  decision;  but  in  case  of  disagreement  of  the  Com- 
mission (by  reason  of  their  being  equally  divided  in  conclusion)  an 
imipire  shall  be  appointed  by  the  two  Governments,  who  shall  render 
the  decision.  In  the  event  of  death,  absence  or  incapacity  of  any 
Commissioner  or  umpire,  or  of  his  omitting,  declining  or  ceasing  to 
act,  his  place  shall  be  filled  by  the  appointment  of  another  person  in 
the  manner  above  indicated.  All  decisions  by  a  majority  of  the  Com- 
mission or  by  the  umpire  shall  be  final. 

Article  XXVIII. 

This  convention  when  signed  by  the  contracting  parties,  shall  be 
ratified  according  to  the  laws  of  the  respective  countries  and  shall  be 
exchanged  at  Washin^on  within  a  term  of  eight  months  from  this 
date,  or  earlier  if  possible. 

In  faith  whereof,  the  respective  plenipotentiaries  have  signed  the 
present  convention  in  duplicate  and  have  hereunto  affixed  their  re- 
spective seals. 

Done  at  the  City  of  Washington,  the  22d  day  of  January  in  the 
5'ear  of  our  Lord  nineteen  hundred  and  three. 

(Signed)  John  Hay.  [seal.] 

(Signed)  Tomas  Herran.     [seal.] 


COl.O.MHIA. 

1909. 
Ship  Canal  Tkiuty.* 


Signed  at  Washington  Januamj  9,  1900/  ratif cation  advised  hy  Sen- 
ate February  ^4,  lOO.'K 

[The  text  of  this  convention  is  taken  from  the  copy  printed  for 
the  use  of  the  Senate  of  the  United  States.] 


Articles. 


I.  Peace  and  friendship. 
II.  Freedom    of   passnge   of   troops, 
pliips  of  war.  etc. 
III.  Exeinptiou  of  duty  on  provisions, 

cattle,  etc. 
IV.  Transportation     of     mails     and 
products  of  Colombia. 


V.  Re<.'Ognition      of      Republic      of 

I'anania ;    payments    assigned. 

VI.  Use    of    ports;    renunciation    of 

contracts  and  concessions. 
VII.  Revision    of    treaty    with    New 
Grenada. 
VIII.  Ratification. 


The  United  States  of  America  and  the  Republic  of  Colombia, 
being  equally  animated  by  the  desire  to  remove  all  obstacles  to  a 
good  understanding  between  them  and  to  facilitate  the  settlement  of 
the  questions  heretofore  pending  between  Colombia  and  Panama  by 
adjusting  at  the  same  time  the  relations  of  Colombia  to  the  canal 
which  the  United  States  is  now  constructing  across  the  Isthmus  of 
Pananui,  have  resolved  to  conclude  a  Treaty  and  to  that  end  have 
appointed  as  their  Plenipotentiaries: 

The  President  of  the  United  States  of  America,  Elihu  Root,  Sec- 
retary of  State  of  the  United  States: 

The  President  of  the  Republic  of  Colombia,  Senor  Don  Enrique 
Cortes,  Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the 
Republic  of  Colombia  at  Washington : 

Who,  after  comuiunicating  to  each  other  their  respective  full 
powers,  wliich  were  found  to  be  in  due  and  proper  form,  have  agreed 
upon  the  following  articles: 

Article  I. 

There  shall  be  mutual  and  inviolable  peace  and  sincere  friendship 
between  the  Governments  and  peoples  of  the  two  High  Contracting 
Parties  without  exception  of  persons  or  places  under  their  respective 
dominion. 

Article  II. 

In  consideration  of  the  provisions  and  stipulations  heKcinafter 
contained  it  is  agreed  as  follows: 

The  Keiniblic  of  Colombia  shall  have  liberty  at  all  times  to  convey 
through  the  ship  canal  now  in  course  of  con.struction  by  the  United 

*  The  treaties  with  Colombia  and  Panama,  and  between  Panama  and  Colombia, 
being  of  a  trip.irtite  nature,  each  depending  on  the  other,  have  not  become  opera- 
tive by  reason  of  the  failure  of  Colombia  to  accept  them. 

(235) 


236 

States  across  the  Isthmus  of  Panama  the  troops,  materials  for  war 
and  ships  of  war  of  the  Republic  of  Colombia,  without  paying  any 
duty  to  the  United  States;  even  in  the  case  of  an  international  war 
between  Colombia  and  another  country. 

While  the  said  interoceanic  canal  is  in  course  of  construction,  the 
troops  and  materials  for  war  of  the  Republic  of  Colombia,  even  in 
the  case  of  an  international  war  between  Colombia  and  any  other 
country,  shall  be  transported  on  the  railway  between  Ancon  and 
Cristobal,  or  on  any  other  railway  substituted  therefor,  upon  the 
same  conditions  on  which  similar  service  is  rendered  to  the  United 
States. 

The  officers,  agents,  and  employees  of  the  Government  of  Colombia 
shall,  during  the  same  period,  be  entitled  to  free  passage  upon  the 
said  railway  across  the  Isthmus  of  Panama  upon  due  notification  to 
the  railway  officials  and  the  production  of  evidence  of  their  official 
character. 

The  foregoing  provisions  of  this  article  shall  not,  however,  apply 
in  ca^e  of  war  between  Colombia  and  Panama. 

Article  IIL 

The  products  of  the  soil  and  industry  of  the  Republic  of  Colombia, 
such  as  provisions,  cattle,  etc.,  shall  be  admitted  to  entry  in  the  Canal 
Zone  subject  only  to  such  duty  as  would  be  payable  on  similar  prod- 
ucts of  the  United  States  of  America  under  similar  conditions,  so  far 
as  the  United  States  of  America  has  any  right  or  authority  to  fix  the 
conditions  of  such  importations. 

Colombian  laborers  employed  in  the  Canal  Zone  during  the  con- 
struction of  the  canal,  who  may  desire  that  their  own  families  supply 
them  with  provisions  for  their  personal  use,  shall  be  entitled  to  have 
such  provisions  admitted  to  the  Canal  Zone  for  delivery  to  them  free 
of  any  duty,  provided  that  declaration  thereof  shall  first  have  been 
made  before  the  commissary  officers  of  the  Isthmian  Canal  Commis- 
sion, in  order  to  obtain  the  previous  permit  for  such  entry,  and  sub- 
ject to  such  reasonable  regulations  as  shall  be  prescribed  by  the  Com- 
mission for  ensuring  the  bona  fides  of  the  transaction. 

Article  IV. 

Colombian  mails  shall  have  free  passage  through  the  Canal  Zone 
and  througli  the  post-offices  of  Ancon  and  Cristobal  in  the  Canal 
Zone,  paying  "only  such  duties  or  charges  as  are  paid  by  the  mails  of 
the  United  States. 

During  the  construction  of  the  canal,  Colombian  products  passing 
over  the  Isthmian  Railway  from  and  to  Colombian  ports  shall  be 
transported  at  the  lowest  rates  which  are  charged  for  similar  prod- 
ucts of  the  United  States  passing  over  said  railway  to  and  from  the 
ports  of  the  United  States;  and  sea  salt,  exclusively  produced  in 
Colombia,  passing  from  the  Atlantic  coast  of  Colombia  to  any  Co- 
lombian port  on  the  Pacific  coast,  shall  be  transported  over  said  rail- 
way free  of  any  charge  except  the  actual  cost'of  handling  and  trans- 
portation, not  exceeding  one-half  of  the  ordinary  freight  charges. 


237 

Article  V. 

The  United  States  recojjnizes  and  accepts  notice  of  the  assinrnment 
by  the  Republic  of  Panama  to  the  Kepiiblic  of  C()U)n)l)ia  of  tlie  ri«^ht 
to  receive  from  the  United  Stales  payment  of  $-jr)0,n()0  in  Aiiiciican 
gold  in  each  year  from  the  year  1908  to  the  year  1017,  botli  inclusive, 
such  assignment  having  been  made  in  manner  and  form  as  contained 
in  the  treaty  between  tlie  Republic  of  Colombia  and  the  Republic  of 
Panama  bearing  even  date  herewith,  whereby  the  independence  of  the 
Repul)lic  of  Panama  is  recognized  by  the  Republic  of  Cokunbia  and 
the  Republic  of  Panama  is  released  from  obligation  for  the  pay- 
ment of  any  part  of  the  external  and  internal  debt  of  the  Republic 
of  Colombia. 

Abticle  VI. 

The  Republic  of  Colombia  grants  to  the  United  States  the  use  of 
all  the  ports  of  the  Republic  open  to  commerce  as  places  of  refuge  for 
any  vessels  employed  in  the  canal  enterprise,  and  for  all  vessels  in 
distress  passing  or  bound  to  pass  through  the  canal  and  seeking 
shelter  or  anchorage  in  said  ports,  subject  in  time  of  war  to  the  rules 
of  neutrality  properly  applicable  thereto.  Such  vessels  shall  be 
exempt  from  anchorage  or  tonnage  dues  on  the  part  of  the  Republic 
cf  Colombia. 

The  Republic  of  Colombia  renounces  all  rights  and  interests  in 
connection  with  any  contract  or  concession  made  between  it  and  any 
corporation  or  person  relating  to  the  construction  or  operation  of  a 
canal  or  railway  across  the  Isthmus  of  Panama. 

Article  VII. 

As  soon  as  practicable  after  the  exchange  of  ratifications  of  this 
treaty  and  the  contemporaneous  treaties  of  even  date  herewith  be- 
tween the  United  States  of  America  and  the  Republic  of  Panama, 
and  between  the  Republic  of  Colombia  and  the  Republic  of  Panama, 
the  United  States  of  America  and  the  Republic  of  Colombia  will 
enter  into  negotiations  for  the  revision  of  the  Treaty  of  Peace,  Amity, 
Navigation,  and  Commerce  between  the  United  States  of  America 
and  the  Republic  of  New  Granada,  concluded  on  the  liMh  day  of 
December,  1846,  with  a  view  to  making  the  provisions  therein  con- 
tained conform  to  existing  conditions,  and  to  including  therein  pro- 
vision for  a  general  treaty  of  arbitration. 

Article  VIII. 

This  treaty,  duly  signed  by  the  High  Contracting  Parties,  shall 
be  ratified  by  each  according  to  its  respective  hnvs.  and  the  ratifica- 
tions thereof  shall  be  exchanged  at  Washington  as  soon  as  possible. 

But  it  is  understood  that  such  ratifications  are  not  to  be  exchanged 
nor  the  provisions  of  this  treaty  made  obligatory  upon  either  party, 
until  and  unlc'^s  the  aforesaid  treaties  between  the  Republic  of  Co- 
lombia and  tlie  Republic  of  Panama,  and  between  the  United  States 
of  America  and  the  Republic  of  Panama,  bearing  even  date  herewith, 


238 

are  both  diilv  ratified,  and  tlie  ratifications  thereof  are  exchansed 
simultaneousl}'  witli  the  exchange  ot  ratifications  of  this  treaty. 

In  witness  whereof,  We,  the  respective  Plenipotentiaries,  have 
signed  the  present  treaty  in  duplicate,  in  the  English  and  Spanish 
languages,  and  have  hereunto  affixed  our  respective  seals. 

Done  at  the  City  of  Washington,  the  9th  day  of  January,  in  the 
year  of  our  Lord  nineteen  hundred  and  nine. 

(Signed)  Elihu  Root  [seal] 

(Signed)  Enrique  Cortes  [seal] 


PANAMA. 

1909. 

Ship  Canal  Treaty.* 

Signed  at  Washington  January  9,  1909;  ratification  advised  hy  the 

'  Senate  March  3,  1909. 

[The  text  of  this  convention  is  taken  from  the  copy  printed  for 
the  use  of  the  Senate  of  the  United  States.] 

Articles. 


I.  Payment. 

II.  Delimitation     of     Panama      and 
Colon. 
III.  Arbitration  of  differences. 


IV.  Reciprocal    liberty    of    commerce 
and  uaviKation. 
V.  When  effective. 
VI.  Ratification. 


The  United  States  of  America  and  the  Kepublic  of  Panama,  mu- 
tually desiring  to  facilitate  the  construction,  maintenance  and  opera- 
tion of  the  interoceanic  canal  across  the  Isthmus  of  Panama  and  to 
promote  a  good  understanding  between  the  nations  most  clo.sely  and 
directly  concerned  in  this  highway  of  the  world's  commerce,  and 
thereby  to  further  its  construction  and  protection,  deem  it  well  to 
amend  and  in  certain  respects  supplement  the  treaty  concluded  be- 
tween the  United  States  of  America  and  the  Republic  of  Panama  on 
the  18th  of  November,  1903,  and  to  that  end  have  appointed  their  re- 
spective Plenipotentiaries,  to  wit : 

The  President  of  the  United  States  of  America,  Elihu  Root,  Secre- 
tary of  State  of  the  Ignited  States; 

The  President  of  the  Republic  of  Panama,  Carlos  Constantino 
Arosemena,  Envoy  Extraordinary  and  Minister  Plenipotentiary  of 
the  Republic  of  Panama, 

Who,  after  exchange  of  their  full  powers,  found  to  be  in  good  and 
due  form,  have  agreed  upon  the  following  articles: 

Article  I. 

It  is  mutually  agreed  between  the  High  Contracting  Parties  that 
Article  XIV  of  the  treaty  concluded  between  them  on  the  18th  day  of 
November,  1903,  be  and  the  same  is  hereby  amended  by  substituting 
therein  the  words  "  four  years "  for  the  words  "  nine  years,''  and 
accordingly  the  United  Stales  of  America  agrees  (o  nuike  the  annual 
payments  therein  provided  for  beginning  four  years  from  the  ex- 
change of  said  treaty  instead  of  nine  years  from  that  date. 

The  United  States  of  America  consents  that  the  Republic  of 
Panama  may  assign  and  transfer,  in  advance,  to  the  Republic  of 
Colombia,  and  to  its  assigns  or  nominees,  the  first  ten  annual  in- 

«  See  note,  p.  2,%. 
(239) 


240 

stallments  of  Two  Hundred  and  Fifty  Tliousand  Dollars  each,  so 
falling  due  under  said  treaty  as  thus  amended,  on  the  2()th  days  of 
February  in  the  years  1908  to  1917,  both  inclusive,  and  its  right  and 
title  thereto,  and.  upon  the  direction  and  acquittance  therefor  of  the 
Republic  of  Panama,  will  pay  said  ten  installments  as  they  respec- 
tively fall  due  directly  to  the  Republic  of  Columbia,  its  assigns  or 
nominees,  for  account  of  the  Republic  of  Panama.  Such  install- 
ments as  may  have  matured  when  the  ratifications  of  this  treaty 
shall  be  exchanged  pursuant  to  its  terms  shall  be  payable  on  the 
ninetieth  day  after  the  date  of  such  exchange. 

Aeticle  II. 

Final  delimitation  of  the  cities  of  Panama  and  Colon  and  of  the 
harbors  adjacent  thereto,  under  and  to  elTectuate  the  provisions  of 
Article  II  of  said  treaty  of  November  18th,  1903,  shall  be  made  by 
agreement  between  the  Executive  Departments  of  the  two  Govern- 
ments, immediately  upon  the  exchange  of  ratifications  of  this  treaty. 

It  is  further  agreed  that  the  Republic  of  Panama  shall  have  the 
right,  upon  one  year's  previous  notice,  at  any  time  within  the  period 
of  fifty  years  mentioned  in  Article  VII  of  said  treaty  of  November 
18th,  1903,  to  purchase  and  lake  over  from  the  United  States  of 
America  so  much  of  the  water  mains  and  distributing  system  of  the 
water  works  mentioned  in  said  article,  for  the  supply  of  the  City  of 
Panama,  and  of  the  appliances  and  appurtenances  thereof,  as  may 
lie  outside  the  Canal  Zone,  and  terminate  the  provisions  of  said  treaty 
for  the  ultimate  acquisition  by  the  Republic  of  Panama  of  said  water 
works,  upon  payment  of  such  sum  in  cash  as  may  be  agreed  upon  as 
just  by  the  Presidents  of  the  two  High  Contracting  Parties,  wlio  are 
hereby  fully  empowered  so  to  agree;  if  ihere  shall  arise  any  dispute 
or  difference  between  the  High  Contracting  Parties  with  respect  to 
such  delimitation,  or  if  their  Presidents  shall  not  be  able  to  agree  as 
to  the  sum  so  to  be  paid,  then  upon  the  request  of  either  party,  any 
such  difference  shall  be  submitted  to  the  Tribunal  of  Arbitrati(m, 
hereinafter  provided  for. 

Article  HI. 

It  is  further  agi'eed  that  all  differences  which  may  arise  relating  to 
the  interpretation  or  application  of  the  treaty  between  the  United 
States  of  America' and  the  Republic  of  Panama  concluded  on  the  18th 
day  of  November,  1903,  which  it  may  not  have  been  possible  to  settle 
by  diplomacy,  shall  be  referred,  on  the  request  of  either  party,  to  a 
Tribunal  of  Arbitration  to  consist  of  three  members,  of  whom  the 
I"^nited  States  shall  nominate  one  member,  the  Republic  of  Panama 
shall  nominate  one  member,  and  the  tw^o  members  thus  nominated 
shall  jointly  nominate  a  third  member,  or,  in  the  event  of  their  fail- 
ure to  agree  within  three  months  after  appointment,  upon  the  nomi- 
nation of  the  third  member,  such  member  shall  be  appointed  by  the 
President  of  Peru.  Said  Tribunal  shall  decide  by  a  majority  vote  all 
questions  respecting  its  procedure  and  action,  as  well  as  all  questions 
concerning  the  matters  submitted  to  it.  The  Tribunal  shall  deliver 
duplicate  copies  of  its  decisions  upon  any  of  the  matters  submitted  to 
it,  as  hereinafter  specified,  to  the  United  States  and  to  the  Republic 


241 

of  Panama,  anrl  any  sncli  decision  si^j^ned  by  a  majority  of  tho  mem- 
I)ers  ol"  the  Tribunal  shall  bo  conciusivoly  docnied  the  dorision  of  the 
Tribunal.  Any  vacancy  in  the  meniborshij)  of  liie  Tribunal  caused 
by  the  death,  incapacity,  or  withdrawal  of  any  member  shall  be  filled 
in  the  manner  provided  for  the  original  appointment  of  the  member 
whose  ofKce  shall  thus  become  vacant.  Tlie  determinations  of  said 
Tribunal  shall  be  final,  conclusi\e  and  binding;  ujxjn  the  High  Con- 
tracting Parties  hereto,  who  bind  themselves  to  abide  by  and  conform 
to  the  same. 

The  temporary  working  arrangement  or  modus  vivendi  contained 
in  the  Executive  Orders  of  December  3rd,  Gth,  IGth,  and  28th,  1904, 
and  January  5,  1905,  made  at  Panama  by  the  Secretai'y  of  War  of  the 
United  States,  and  b}^  the  President  of  Panama,  on  December  G,  1904, 
which  was  entered  into  for  the  purpose  of  the  practical  operation 
of  the  aforesaid  Treaty  of  November  18,  1903,  shall  be  submitted  to 
revision  by  the  Executive  Departments  of  the  two  Governments  with 
the  view  to  maldng  the  same  and  the  practice  thereunder  conform 
(if  in  any  respect  they  shall  be  found  not  to  conform)  to  the  true 
intent  and  meaning  of  the  said  treaty  and  to  the  preservation  and 
protection  of  the  rights  of  the  two  Governments  and  of  the  citizens 
of  both  parties  thereunder;  and  any  question  as  to  such  conformity 
arising  upon  such  revision  which  shall  remain  in  dispute  shall  be 
submitted  to  said  Tribunal  of  Arbitration, 

It  is  now  agreed,  however,  that  the  rate  of  duty  to  be  levied  by  the 
Republic  of  I*anama  and  fixed  at  ten  per  cent  ad  valorem  by  the  first 
proviso  to  said  Executive  Order  of  December  3rd,  1904,  may  be  in- 
creased to  any  rate  not  exceeding  twenty  per  cent  ad  valorem^  at  the 
pleasure  of  said  Republic. 

Article  IV. 

There  shall  be  a  full,  entire  and  reciprocal  liberty  of  commerce  and 
navigation  between  the  citizens  of  the  two  High  Contracting  Parties, 
who  shall  have  reciprocally  the  right,  on  conforming  to  the  laws  of 
the  country,  to  enter,  travel,  and  reside  in  all  parts  of  the  respective 
territories,  saving  always  the  right  of  expulsion  of  undesirable 
persons  which  right  each  Government  reserves  to  itself,  and  they 
shall  enjoy  in  this  respect,  for  the  protection  of  their  persons  and 
their  property,  the  same  treatment  and  the  same  rights  as  the  citizens 
or  subjects  of  the  most  favored  nation;  it  being  understood  and 
agreed  that  citizens  of  either  of  the  two  Republics  thus  residing  in 
the  territory  of  the  other  shall  be  exempt  from  military  service 
imposed  upon  the  citizens  of  such  Republic. 

And  the  United  States  of  America  further  agrees  that  the  Republic 
of  Panama  and  the  citizens  thereof  shall  have  and  shall  be  accorded 
on  equal  terms  all  such  privileges,  rights,  and  advantages  in  resi^ect 
to  the  construction,  operation,  and  use  of  the  Canal,  railroad,  tele- 
graph, and  other  facilities  of  the  United  States  within  the  Canal 
Zone,  and  in  respect  of  all  other  matters  relating  thereto,  operating 
within  or  affecting  the  Canal  Zone  or  property  and  persons  therein, 
as  may  at  any  time  be  granted  by  the  United  States  of  America  in 
accord  with  said  treaty  of  November  18th,  1903.  directly  or  indi- 
rectly, to  an}^  other  nation  or  the  citizens  or  subjects  thereof,  it  being 
the  intention  of  the,  Parties  that  the  Republic  of  Panama  and  the 


242 

citizens  thereof  shall  be  with  respect  thereto  placed  at  least  on  an 
equal  footing  with  the  most  favored  nation  and  the  citizens  or  sub- 
jects thereof. 

Article  V. 

It  is  expressly  understood  and  agreed  that  this  treat}'  shall  not 
become  operative  nor  its  provisions  obligatory  upon  either  of  the 
High  Contracting  Parties,  until  and  unle^ss  the  treaties  of  even  date 
between  the  Republic  of  Colombia  and  the  Republic  of  Panama  and 
between  the  Republic  of  Colombia  and  the  United  States  of  America 
are  both  duly  ratified  and  the  ratifications  thereof  are  exchanged 
simultaneously  with  the  exchange  of  ratifications  of  the  present 
treaty. 

Article  VI. 

This  treaty  shall  be  ratified  and  the  ratifications  thereof  shall  be 
exchanged  at  Washington  as  soon  as  possible. 

In  witness  whereof,  we  the  respective  Plenipotentiaxies  have  signed 
the  present  treat}-,  in  duplicate,  in  the  English  and  ijpanish  lan- 
guages and  have  hereunto  affixed  our  respective  seals. 

Done  at  Washington  the  9th  day  of  January,  in  the  year  of  our 
Lord  one  thousand  nine  hundred  and  nine. 

(Signed)  Elihu  Root  [seal] 

(Signed)  C.  C.  Arosemena     [seal] 


In  Executive  Session, 
Senate  of  the  United  States, 

March  3,  1909. 

Resolved  (two-thirds  of  the  Senators  present  concurring  therein),  that  the 
Senate  advise  and  consent  to  the  rntification  of  a  treaty  betw^een  the  United 
States  and  the  Republic  of  Pannma  relating  to  the  Panama  Canal,  signed  Janu- 
ary 9,  1909. 

Resolved,  As  a  part  of  this  ratification  that  the  United  States  approves  the 
treaty  between  tlie  Ignited  States  and  Panama  with  the  understanding  that  so  far 
as  the  United  States  is  concerned  no  question  shall  be  submitted  to  arbitration 
herein  provided  for  which  in  any  way  affects  the  vital  interests  of  the  United 
Stales  in  the  protection,  operation,  maintenance,  sanitation  and  protection  of 
the  Panama  CauaL 


PANAMA   AND   COLOMBIA. 

1909. 

Snip  Canal  Treaty  bp^tween  Colombia  and  Panama  Relating  to 

THE  Panama  Canal." 

Signed  at  Washington  January  9,  1909. 

[The  text  of  this  convention  is  taken  from  the  copy  printed  for 
the  information  of  the  Senate  of  the  United  States.] 

Akticles. 


I.  RecogTiition  of  independence  of 
Panama. 

II.  Peace  and  friendship. 

III.  Assignm  it  by  Panama  to  Co- 
lombia of  payments  by  United 
States. 

IV.  Release  and  discharge  of  pecu- 
niary claims  and  obligations. 
V,  Abandonm  at  by  Panama  of 
right  and  title  to  stock  of 
New  Panama  Canal  Co. 


VI.  Status  of  citizens. 
VII.  Territorial   limits  not  to  be  e.x- 
tended  at  expense  of  the  other. 
VIII.  Negotiation    of    additional    trea- 
ties. 
IX.  Boundary     between      Colombia 
and  Panama. 
X.  When  effective. 
XI.  Ratification. 


The  Republic  of  Colombia  and  the  Republic  of  Panama,  equally 
animated  by  the  desire  to  remove  all  obstacles  to  their  good  under- 
standing, to  adjust  their  pecuniary  and  other  relations  to  each  other 
and  to  secure  mutually  the  benefits  of  amity  and  accord,  have  deter- 
mined to  conclude  a  convention  for  these  purposes  and,  therefore, 
have  appointed  as  their  respective  Plenipotentiaries,  that  is  to  say: 

The  President  of  the  Republic  of  Colombia,  Enrique  Cortes,  Envoy 
Extraordinary  and  Minister  Plenipotentiary  of  the  Republic  of  Co- 
lombia, in  Washington,  and 

The  President  of  the  Republic  of  Panama,  Carlos  Constantino 
Arosemena,  Envoy  Extraordinary  and  Minister  Plenipotentiary  of 
the  Republic  of  Panama,  in  Washington, 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  articles: 

Article  I. 

The  Republic  of  Colombia  recognizes  the  Independence  of  the  Re- 
-public  of  Panama  and  acknowledges  it  to  be  a  free,  sovereign,  and 
independent  nation. 

See  note.  p.  2IJ5. 


76844°— S.  Doc.  10G3,  62-3- 


(243) 
-17 


244 
Akticle  II. 

There  shall  be  a  mutual  and  inviolable  peace  and  friendship  be- 
tween the  Government  of  the  Republic  of  Colombia  and  its  citizens 
on  the  one  part  and  the  Government  of  the  Republic  of  Panama  and 
its  citizens  on  the  other  part,  without  exception  of  pei'sons  or  places 
under  their  respective  dominion. 

Article  III. 

The  Republic  of  Panama  assigns  and  transfers  to  the  Republic  of 
Colombia,  and  its  assigns  and  nominees,  in  lawful  and  due  form,  the 
first  ten  annual  installments  of  two  hundred  and  fifty  thousand  dol- 
lars gold  coin  each  becoming  due  to  it,  the  Republic  of  Panama,  from 
the  United  States  of  America,  on  the  26th  days  of  February  in  the 
years  1908  to  1917,  both  inclusive,  under  and  pursuant  to  the  provi- 
sions of  Article  XIV  of  the  treaty  between  the  United  States  of 
America  and  the  Republic  of  Panama  concluded  November  18,  1903, 
and  under  and  pui*suant  to  the  amendment  thereof,  embodied  in  U 
treaty  of  even  date  between  said  nations,  whereby  said  Article  XIV 
is  amended  by  substituting  the  words  "  four  years  "  for  the  words 
"  nine  years,"  so  that  the  first  annual  payment  of  which  that  article 
treats  shall  begin  four  years  from  the  exchange  of  ratifications  of 
said  treaty  on  February  26th,  1904,  instead  of  nine  years  from  said 
date,  in  such  manner  that  the  said  installments  sliall  be  paid  b}^  the 
United  States  of  America  directly  to  the  Republic  of  Colombia  or  its 
assigns  and  nominees  for  account  of  the  Republic  of  Panama,  in  law- 
ful and  due  form,  beginning  the  26th  day  of  February,  1908.  Such 
installments  as  may  have  matured  when  the  ratifications  of  this 
treaty  shall  be  exchanged  pursuant  to  its  terms,  shall  be  payable  on 
the  ninetieth  day  after  the  date  of  such  exchange. 

In  consideration  of  the  payments  and  releases  which  the  Republic 
of  Panama  makes  to  the  Republic  of  Colombia,  the  latter  recognizes 
and  agrees  that  the  Republic  of  Panama  has  no  liability  upon  and  no 
obligations  to  the  holders  of  the  external  and  internal  debt  of  the 
Republic  of  Colombia,  nor  to  the  Republic  of  Colombia,  by  reason  ol 
any  such  indebtedness  or  claims  relating  thereto.  The  Republic  of 
Colombia  recognizes  and  agrees  that  it  is  itself  solely  obligated  for 
such  external  and  internal  debt;  assumes  the  obligation  to  pay  and 
discharge  the  same  by  itself  alone:  and  agrees  to  indemnify  and  hold 
haiTnless  the  Republic  of  Panama,  should  occasion  arise,  from  any  lia- 
bility in  respect  of  such  external  and  internal  indebtedness,  and  from 
any  expense  which  may  result  from  failure  or  delay  in  respect  of  such 
payment  and  discharge. 

Article  IV. 

Each  of  the  contracting  Republics  releases  and  discharges  the 
other  from  all  pecuniary  claims  and  obligations  of  any  nature  what- 
ever, including  the  external  and  internal  debt  of  the  Republic  of 
Colombia,  which  either  had  against  the  other  on  the  3rd  day  of 
November.  1903,  it  being  understood  that  this  reciprocal  exoneration 
relates  only  to  the  national  debts  and  claims  of  one  against  the  other, 


245 

and  that  it  does  not  rcliite  to  individual  rif^hts  and  claims  of  the 
citizens  of  either  Republic.  Neither  ])arty  shall  be  bound  to  allow 
or  satisfy  any  of  such  individual  claims  arising  from  transactions 
or  occurrences  prior  to  November  3,  1903,  unless  the  same  would  be 
valid  according  to  the  laws  of  the  country  against  which  the  claim 
is  made,  as  such  laws  existed  on  November  3rd,  11)03. 

Articij:  V. 

The  Republic  of  Panama  recognizes  that  it  has  no  title  or  owner- 
ship of  any  sort  to  the  fifty  thousand  shares  of  the  capital  stock  of 
the  New  Panama  Canal  Companj^  standing  in  the  name  of  the  Re- 
public of  Colombia  on  the  books  of  said  company  at  Paris,  and  the 
Republic  of  Panama  confirms  the  abandonment  oi  all  right  and  title, 
which,  with  respect  to  said  shares,  it  made  in  the  Courts  of  Justice 
of  France. 

Article  VI. 

The  citizens  of  each  Republic,  residing  in  the  territory  of  the 
other,  shall  enjoy  the  same  civil  rights  which  are  or  shall  hereafter 
be  accorded  by  the  laws  of  the  country  of  residence  to  the  citizens  of 
the  most  favored  nation.  It  being  understood,  however,  that  the 
citizens  of  either  of  the  two  Republics  residing  in  the  other  shall  be 
exempt  from  military  service  imposed  upon  the  citizens  of  such 
Republic. 

AH  persons  born  within  the  territory  now  of  the  Republic  of 
Panama,  prior  to  the  3rd  day  of  November,  1903,  who  were,  on  that 
day,  residents  of  the  territory  now  of  the  Republic  of  Colombia,  may 
elect  to  be  citizens  of  the  Republic  of  Colombia  or  of  the  Republic  of 
Panama;  and  all  persons  born  within  the  territory  now  of  the  Re- 
public of  Colombia  Avho  were,  on  said  3rd  day  of  November,  1903, 
residents  of  the  territory  now  of  the  Republic  of  Panama,  may  elect 
to  be  citizens  of  the  Republic  of  Panama  or  of  the  Republic  of  Colom- 
bia, by  making  declaration  of  their  election  in  the  manner  hereinafter 
provided,  within  one  year  from  the  date  of  the  proclamation  of  the 
exchange  of  the  ratifif^ations  of  this  treaty,  or,  in  case  of  any  persons 
who  shall  not  on  that  day  be  of  full  age,  within  one  year  from  their 
attainment  of  their  majority  according  to  the  laws  of  the  country  of 
their  residence. 

Such  election  may  be  made  by  filing  in  the  office  of  the  Minister 
or  Secretary  of  Foreign  Affairs  of  the  country  of  residence  a  decla- 
ration of  such  election.  Such  declaration  may  be  made  before  any 
officer  authorized  to  administer  oaths  and  mav  be  transmitted  by 
mail  to  such  Minister  or  Secretary  of  Foreign  Affairs,  whose  duty 
it  shall  be  to  file  and  register  the  same,  and  no  other  formality  except 
the  transmission  thereof  shall  be  required  and  no  fees  shall  be  im- 
posed for  making  of  filing  thereof.  It  shall  be  the  duty  of  the 
respective  Departments  of  Foreign  Affairs  of  the  High  Contracting 
Parties  to  communicate  promptly  to  each  other  the  names,  occupa- 
tions, and  addresses  of  the  persons  so  exercising  such  election. 

All  persons  entitled  to  make  such  declarations  who  shall  not  have 
made  the  same  within  the  period  hereinbefore  limited  hall  be  deemed 
to  have  elected  to  become  citizens  of  the  country  within  whose  present 


246 

territory  they  were  born.  But  no  further  declaration  shall  be  re- 
quired from  any  such  person  who  has  already  by  formal  declaration 
before  a  public  official  of  either  country,  and  in  accordance  with  its 
laws,  made  election  of  the  nationality  of  that  country. 

The  natives  of  the  countries  of  either  of  the  two  contracting  Re- 
publics who  have  heretofore  or  shall  hereafter  become  citizens  by 
naturalization,  or  otherwise  as  herein  provided  for.  in  the  other 
Republic,  shall  not  be  punished,  molested,  or  discriminated  against 
by  reason  of  their  acts  of  adhesion  to  the  country  whose  citizenship 
they  have  adopted. 

Abticle  VII. 

Both  Republics  agree,  each  for  itself,  that  neither  of  them  shall 
admit  to  form  any  part  of  its  nationality  any  part  of  the  territory 
of  the  other  which  separates  from  it  by  force. 

Abticle  VIII. 

As  soon  as  this  treaty  and  the  contemporaneous  treaties  of  even 
date  between  the  United  States  of  ^Vmerica  and  the  Republic  of 
Colombia  and  between  the  United  States  of  America  and  the  Re- 
public of  Panama  shall  be  ratified  and  exchanged,  negotiations  shall 
be  entered  upon  between  the  Republics  of  Colombia  and  Panama  for 
the  conclusion  of  additional  treaty  or  treaties,  covering  questions  of 
commerce,  postal,  telegraph,  copvright,  consular  relations,  extradi- 
tion of  criminals,  arbitration  and  the  like. 

Ajrticle  IX- 

It  is  agreed  between  the  High  Contracting  Parties  and  is  declared, 
that  the  dividing  line  between  the  Republic  of  Colombia  and  the 
Republic  of  Panama  shall  be  as  follows,  to  wit : 

From  Cape  Tiburon  on  the  Atlantic  to  the  head  wajhers  of  the 
Rio  de  la  Miel.  and  following  the  range  by  the  Cerro  de  Gandi  to 
the  Sierra  de  Chugargun  und  that  of  Mali,  going  down  by  the  Cerros 
of  Nique  to  the  heights  of  Aspave.  and  from  there  to  the  Pacific  at 
such  point  and  by  such  line  as  shall  be  determined  by  the  Tribunal 
of  Arbitration  hereinafter  provided  for.  and  the  determination  of 
said  line  shall  conform  to  the  decision  of  such  Tribunal  of  Arbitra- 
tion as  next  provided. 

As  to  the  territory  submitted  to  arbitration  (the  region  of  Jurado) 
the  boundaries  and  attribution  of  which  to  either  the  Republic  of 
Colombia  or  the  Republic  of  Panama  will  be  fixed  by  the  determina- 
tion of  the  line  aforesaid  by  said  Tribunal  of  Arbitration,  the  title 
thereto  and  the  precise  limits  thereof,  and  the  right  to  the  sovereignty 
thereof  as  between  the  High  Contracting  Parties,  shall  be  conclu- 
sively determined  by  arbitration  in  the  following  manner : 

A  Tribunal  of  Arbitration  shall  be  created  to  investigate  and  de- 
termine all  questions  of  fact  and  law  concerning  the  rights  of  the 
High  Contracting  Parties  to  or  in  all  the  territory  in  the  above  men- 
tioned region  of  Jurado.  The  Tribunal  shall  consist  of  three  mem- 
bers;  the  Republic  of  Colombia  shall  nominate  one  member,  the 


247 

Republic  of  Panama  shall  nominate  one  member,  both  of  whom  shall 
be  nominated  within  three  months  after  the  exchan<^c  of  ralilicji- 
tions  of  this  treaty,  and  the  two  members  of  the  Tribunal  thus 
nominated  shall  jointly  riominate  a  third  member,  or,  in  the  event 
of  their  failure  to  airree  within  three  months  next  after  the  appoint- 
ment of  the  last  of  them,  and  on  request  of  the  President  of  either  of 
the  High  Contracting  Parties,  the  third  member  of  the  Tribunal  shall 
be  appointed  by  the  President  of  the  Republic  of  Cuba. 

The  Tribunal  shall  hold  its  sessions  at  such  place  as  the  Tribunal 
fchall  determine. 

The  case  on  behalf  of  each  party,  with  the  papers  and  documents, 
.-hall  be  communicated  to  the  other  party  within  three  months  after 
the  appointment  of  the  third  member  of  the  Tribunal. 

The  counter-cases  shall  be  similarly  communicated  with  the  papers 
and  documents  within  three  months  after  communication  of  the  cases 
respectively. 

And  within  two  months  after  communication  of  the  counter-case 
the  other  party  may  communicate  its  reply. 

The  proceedings  of  the  Tribunal  shall  be  governed  by  the  provi- 
sions, so  far  as  applicable,  of  the  Convention  for  the  Pacific  Settle- 
ment of  International  Disputes  signed  at  The  Hague  by  the  repre- 
sentatives of  both  the  parties  hereto  on  the  18th  day  of  October,  1907. 

The  Tribunal  shall  take  into  consideration  all  relevant  laws  and 
treaties  and  all  facts  proved  of  occupancy,  possession  and  political  or 
administrative  control  in  respect  of  the  territory'  in  dispute. 

Article  X. 

This  treaty  shall  not  be  binding  upon  either  of  the  High  Contract- 
ing Parties,  nor  have  any  force  until  and  unless  the  treaties  signed 
on  this  same  date  between  the  Republic  of  Colombia  and  the  United 
States  of  America  and  between  the  Republic  of  Panama  and  the 
United  States  of  America  are  both  duly  ratified  and  ratifications 
thereof  are  exchanged  simultaneously  with  the  exchange  of  the  rati- 
fications of  this  treaty. 

Article  XI 

The  present  treaty  shall  be  submitted  for  ratification  to  the  respec- 
tive Governments,  and  ratifications  hereof  exchanged  at  Washington 
as  soon  as  possible. 

In  Witness  Whereof.  We  the  respective  Plenipotentiaries,  have 
signed  the  present  treaty  in  duplicate  in  the  Spanish  and  English 
languages,  and  have  hereunto  affixed  our  respective  seals. 

Done  at  the  City  of  Washington,  the  0th  day  of  January,  in  the 
vear  of  our  Lord  one  thousand  nine  hundred  and  nine. 

(Signed)  Enriqie  Cortes       [seal] 

(Signed)  C.  C.  Arosemena     [seal] 


1907. 

International  Prize  Court  Conatention.* 

Signed  at  The  Hague  October  18,  1907 ;  ratif cation  advised  by  the 

Senate  February  15,  1911. 

[The  text  of  this  convention  is  taken  from  the  copy  j)rinted  for 
the  use  of  the  Senate  of  the  United  States.l 


Abticles. 


PART    1, 


KNERAL   PROVISIONS. 


I.  Determination  of  validity  of  cap- 
ture. 
II.  Jurisdiction     and     judgments     of 
prize  courts. 

III.  Appeals  from  Prize  Courts  to  In- 

ternational Prize  Court. 

IV.  By      whom      appeals      may      be 

brought. 
V.  Same. 


VI.  When  National   Courts  can  not 
deal  with  question. 
VII.  Determination     of    question     of 
law. 
A' III.  Disposition  of  vessel  and  cargo 
when  capture  is  valid  or  null. 
IX.  Decisions    to    be    accepted    and 
carried  out  in  good  faith. 


PART  II. — CONSTITUTION  OF  INTERNATIONAL  PRIZE  COURT. 


X.  Personnel  and  qualifications  of 
members     of     International 
]nize  court. 
XI.  Term    of    service    of    judges; 
filling  of  vacancies. 
XII.  Rank  of  Judges. 

XIII.  Privileges   and    immunities   of 

judges;  oath. 

XIV.  Number  of  judges  constituting 

court;  quorum. 
XV.  Judges    of    particular    powers 
always     summoned     to     sit 
(see  Article  LVI). 
XVI.  Selection  of  judge  by  belliger- 
ent power. 
XVII.  Dii-qiialification  of  judge. 
XVIII.  Appointment    of    assessor     by 


XIX.  Election  of  President  and  vice 
President  of  Court. 
XX.  Traveling        allowances        of 
judges. 
XXI.  Seat    of    International    Prize 
Court. 
XXII.  Administrative     functions    of 
administrative  council. 

XXIII.  Duty     of     International     Bu- 

reau. 

XXIV.  Language    used    in    proceed- 

ings. 
XXV.  Appointment  of  special  agents 
as  intermediaries. 
XXVI.  How   private   person   may   be 

represented  before  court. 
XXVII.  How  notices  shall  be  served. 


belligerent  or  neutral  power. 
•  This  convention  is  dependent  on  London  Declaration,  p. 

(248) 


266. 


249 


PART  III. — PROCEDUBE  IN  THE  INTERNATIONAL  PBIZE  COURT. 


XXVIII.  Method  aud  time  of  cuter- 
ing   apixjal    in    National 
Court. 
XXIX.  Transmission  of  appeal  to 
International  Bureau. 
XXX.  Same. 
XXXI.  Same. 
XXXII.  Transmission    of   copy    of 
appeal  to  respondent. 
XXXIII.  Period  in  which  court  will 
deal     with     ease     when 
other   parties  concerned 
are  entitled  to  appeal. 
XXXIV.  Written      pleadings      and 
discussion — two  distinct 
parts  of  procedure. 
XXXV.  Statement    by    parties    of 
views  of  case  both  as  to 
law     and     facts     after 
close  of  pleadings. 
XXXVI.  Taking   of   supplementary 

evidence. 
XXXVII.  Distribution  of  minutes  to 

parties  summoned. 
XXXVIII.  Control  of  discussions. 


XXXIX.  Discussions    public;    min- 
utes. 
XI..  Result  if  party  falls  to  ap- 
pear. 
XLI.  Notification   of  decrees  or 
declsionH    made    in    ul>- 
sence  of  parties. 
XLII.  .Matters   to   be   considered 

in  arriving  at  decision. 
XT  J  IT.  Manner  of  deciding  ques- 
tions by  vote. 
XLIV.  Reasons  for  Judgment. 
XLV.  Method      of      pronouncing 

sentence. 
XI.VI.  Payment  of  costs. 
XLVII.  (Jeneral  expenses  of  Prize 
Court. 
XLVIII.  Performance   of  duties   of 
Court  n-hen  not  sitting. 
XT^IX.  Manner     of     formulating 
rules. 
L.  Manner  of  modification  of 
convention        respecting 
procedure. 


PART    IV. — FINAL    PROVISIONS. 


LVI.  Selection  of  judges  by  adminis- 
trative council. 
LVII.  Modification  of  Article  XV.  with 
respect     to     composition     of 
court. 


LI.  Powers     to     which     convention 
applies  as  of  right. 

LII.  Ratification. 
LI II.  Adherence. 
LIV.  Effect. 

LV.  Duration;  denunciation. 

His  Majesty  the  German  Emperor,  King  of  Prussia ;  the  President 
of  the  United  States  of  America ;  the  President  of  the  Argentine  Re- 
public; His  Majesty  the  Emperor  of  Austria.  King  of  Bohemia.  &c., 
and  Apostolic  King  of  Hungary;  His  Majesty  the  King  of  the  Bel- 
gians; the  President  of  the  Republic  of  Bolivia;  the  President  of  the 
Republic  of  the  United  States  of  Brazil;  His  Royal  Highness  the 
Prince  of  Bulgaria;  the  President  of  the  Republic  of  Chile;  His 
Majesty  the  Emperor  of  China;  the  President  of  the  Republic  of 
Colombia;  the  Provisional  Governor  of  the  Republic  of  Cuba;  His 
Majesty  the  King  of  Denmark;  the  President  of  the  Dominican  Re- 
public; the  President  of  the  Republic  of  Ecuador;  His  Majesty  the 
King  of  Spain;  the  President  of  the  French  Republic;  His  Majesty 
the  king  of  the  United  Kingdom  of  Great  Britain  and  Ireland  and  of 
the  British  Dominions  beyond  the  Seas,  Emperor  of  India:  His 
Majesty  the  King  of  the  Hellenes;  the  President  of  the  Republic  of 
Guatemala;  the  President  of  the  Republic  of  Haiti;  His  Majesty  the 
King  of  Italy;  His  Majesty  the  P^mperor  of  Japan;  His  Royal  High- 
ness the  Grand  Duke  of  Luxemburg.  Duke  of  Nassau ;  the  President 
of  the  United  States  of  Mexico;  His  Royal  Highness  the  Prmce  of 
Montenegro;  the  Presideirt  of  the  Republic  of  Nicaragua;  His  Maj- 
esty the  king  of  Norway;  the  President  of  the  Republic  of  Panama  ; 
the  President  of  the  Republic  of  Paraguay:  Her  Majesty  the  Quocn 
of  the  Netherlands;  the  President  of  the  Republic  of  Peru;  His  Im- 
perial JSIajestv  the  Shah  of  Persia;  His  Majesty  the  King  of  Portugal 


250 

and  of  the  A]n:arves,  &.c. ;  His  Majesty  the  Kin<T  of  Eoumania ;  His 
Majesty  the  Emperor  of  All  the  Russias;  the  President  of  the  Repub- 
lic of  Salvador:  His  Majesty  the  Kino;  of  Servia;  His  Majesty  the 
King  of  Siam ;  His  Majesty  the  King  of  Sweden ;  the  Swiss  Federal 
Council;  His  ^fajesty  the  lEmpcror  of  the  Ottomans;  the  President 
of  the  Oriental  Republic  of  Uruguay;  the  President  of  the  United 
States  of  Venezuela : 

Animated  by  the  desire  to  settle  in  an  equitable  manner  the  dif- 
ferences which  sometimes  arise  in  the  course  of  a  naval  war  in  con- 
nection with  the  decisions  of  National  Prize  Courts; 

Considering  that,  if  these  Courts  are  to  continue  to  exercise  their 
functions  in  the  manner  determined  by  national  legislation,  it  is 
desirable  that  in  certain  cases  an  appeal  should  be  provided  under 
conditions  conciliating,  as  far  as  possible,  the  public  and  private 
interests  involved  in  matters  of  prize; 

Whereas,  moreover,  the  institution  of  an  International  Court, 
Avhose  iurisdiction  and  procedure  would  be  carefull}'  defined,  has 
seemed  to  be  the  best  method  of  attaining  this  object; 

Convinced,  finally,  that  in  this  manner  the  hardships  consequent 
on  naval  war  would  be  mitigated ;  that,  in  particular,  good  relations 
will  be  more  easily  maintained  between  belligerents  and  neutrals 
nnd  peace  better  assured; 

Desirous  of  concluding  a  Convention  to  this  effect,  have  appointed 
the  following  as  their  Plenipotentiaries: 

[For  names  of  Plenipotentiaries  see  Final  Act.  supra.] 

"\Yho,  after  depositing  their  full  powers,  found  in  good  and  due 
form,  have  agreed  upon  the  following  provisions: — 

Part  I. — General  Provisions, 

Article  I. 

The  validity  of  the  capture  of  a  merchant-ship  or  its  cargo  is 
decided  before  a  Prize  Court  in  accordance  with  the  present  Con- 
vention when  neutral  or  enemy  property  is  involved. 

Article  II. 

Jurisdiction  in  matters  of  prize  is  exercised  in  the  fii*st  instance 
by  the  Prize  Courts  of  the  belligerent  ca])tor. 

The  judgments  of  these  Courts  are  j^ronounced  in  public  or  are 
officially  notified  to  parties  concerned  who  are  neutrals  or  enemies. 

Article  III. 

The  judgments  of  National  Prize  Courts  may  be  brought  before 
the  International  Prize  Court — 

1.  "When  the  judgment  of  the  National  Prize  Courts  afl'ects  the 
property  of  a  neutral  Power  or  individual; 

2.  Wiien  the  judgment  affects  enemy  property  and  relates  to — 
[a.)   Cargo  on  board  a  neutral  ship; 
^h.)  An  enemy  ship  captured  in  the  territorial  waters  of  a 

neutral  Power,  when  (luit  Power  has  iK)t  made  the  cap- 
ture the  subject  of  a  diplomatic  claim; 


251 

((?.)   A  claim  based  upon  the  alle^alion  that  the  seizure  has 

been  effected  in  viohition,  eitiier  of  the  |jro\  ihions  of  a 

Convention  in  force  between  the  belli<^erent  Powers,  or 

of  an  enactment  issued  by  the  belligerent  captor. 

The  appeal  against  the  ju(l<rniont  of  tlie  National   (Jourt  can  be 

based  on  the  ground  that  th*c  jud'nuciil  was  wionir  either  in  fact  (»r 

m  law. 

Article  IV. 

An  appeal  may  be  brought — 

1.  By  a  neutral  Power,  if  the  judgment  of  the  National  Tribunals 
injuriously  affects  its  property  or  the  property  of  its  nationals 
(Article  III  (1)),  or  if  the  capture  of  an  enemy  vessel  is  alleged 
to  have  taken  place  in  the  territorial  waters  of  that  Power  (Article 
III  (2)    (5)); 

2.  By  a  neutral  individual,  if  the  judgment  of  the  National  Court 
injuriously  affects  his  property  (Article  III  (1)),  subject,  however, 
to  the  reservation  that  the  Power  to  which  he  belongs  may  forbid 
him  to  bring  the  case  before  the  Court,  or  may  itself  undertake  the 
proceedings  in  his  place; 

3.  B}^  an  individual  subject  or  citizen  of  an  enemy  Power,  if  the 
judgment  of  ttie  National  Court  injuriously  affects  his  pro^oerty  in 
the  cases  referred  to  in  Article  III  (2),  except  that  mentioned  in 
paragraph   (h). 

Article  V. 

An  appeal  may  also  be  brought  on  the  same  conditions  as  in  the 
preceding  Article,  by  persons  belonging  either  to  neutral  States  or 
to  the  enemy,  deriving  their  rights  from  and  entitled  to  represent 
an  individual  qualified  to  appeal,  and  who  have  taken  part  in  the 
proceedings  before  the  National  Court.  Persons  so  entitled  may 
appeal  separately  to  the  extent  of  their  interest. 

The  same  rule  applies  in  the  case  of  persons  belonging  either  to 
neutral  States  or  to  the  enemy  who  derive  their  rights  from  and  are 
entitled  to  represent  a  neutral  Power  whose  property  was  the  subject 
of  the  decision. 

Article  VI. 

"\A^ien,  in  accordance  with  the  above  Article  III,  the  International 
Court  has  jurisdiction,  the  National  Courts  cannot  deal  with  a  case 
:n  more  than  two  instances.  The  municipal  law  of  the  belligerent 
captor  shall  decide  whether  the  case  may  be  brought  before  the 
International  Court  after  judgment  has  been  given  in  first  instance 
or  only  after  an  appeal. 

If  the  National  Courts  fail  to  give  final  judgment  within  two  years 
from  the  date  of  capture,  the  case  may  be  carried  direct  to  the  Inter- 
national Court. 

Artici,e  VII. 

If  a  question  of  law  to  be  decided  is  covered  by  a  Treaty  in  force 
between  the  belligerent  captor  and  a  Power  which  is  itself  or  whose 
subject  or  citizen  is  a  party  to  the  proceedings,  the  Court  is  governed 
by  the  provisions  of  the  said  Treaty. 


252 

In  the  absence  of  such  provisions,  the  Court  shall  apply  the  rules 
of  international  law.  If  no  generally  recognized  rule  exists,  the 
Court  shall  give  judgment  in  accordance  with  the  general  principles 
of  justice  and  equity. 

The  above  provisions  apply  equally  to  questions  relating  to  the 
order  and  mode  of  proof. 

If,  in  accordance  with  Article  III  (2)  (c),  the  ground  of  appeal 
is  the  violation  of  an  enactment  issued  by  the  belligerent  captor,  the 
Court  will  enforce  the  enactment. 

The  Court  may  disregard  failure  to  comply  with  the  procedure 
laid  down  in  the  enactments  of  the  belligerent  captor,  when  it  is  of 
opinion  that  the  consequences  of  complying  therewith  are  unjust 
and  inequitable. 

Article  VIII. 

If  the  Court  pronounces  the  capture  of  the  vessel  or  cargo  to  be 
valid,  they  shall  be  disposed  of  in  accordance  with  the  laws  of  the 
belligerent  captor. 

If  it  pronounces  the  capture  to  be  null,  the  Court  shall  order 
restitution  of  the  vessel  or  cargo,  and  shall  fix,  if  there  is  occasion, 
the  amount  of  the  damages.  If  the  vessel  or  cargo  have  been  sold 
or  destroyed,  the  Court  shall  determine  the  compensation  to  be 
given  to  the  owner  on  this  account. 

If  the  national  Court  pronounced  the  capture  to  be  null,  the  Court 
can  only  be  asked  to  decide  as  to  the  damages. 

Article  IX. 

The  Contracting  Powers  undertake  to  submit  in  good  faith  to 
the  decisions  of  the  International  Prize  Court  and  to  carry  them 
out  with  the  least  possible  delay. 

Part  II. — Constitution  of  the  Intematioiial  Prize  Court. 

Article  X. 

The  International  Prize  Court  is  composed  of  Judges  and  Deputy 
Judges,  who  will  be  appointed  by  the  Contracting  Powers,  and  must 
all  be  jurists  of  known  proficiency  in  questions  of  international  mari- 
time law,  and  of  the  highest  moral  reputation. 

The  appointment  of  these  Judges  and  Deputy  Judges  shall  be 
made  within  six  months  after  the  ratification  of  the  present  Con- 
vention. 

Article  XI. 

The  Judges  and  Deputy  Judges  are  appointed  for  a  period  of 
six  years,  reckoned  from  the  date  on  which  the  notification  of  their 
appointment  is  received  by  the  Administrative  Council  established 
by  the  Convention  for  the  Pacific  Settlement  of  International  Dis- 
putes of  the  29th  July,  1899.    Their  appointments  can  be  renewed. 

Should  one  of  the  Judges  or  Deputy  Judges  die  or  resign,  the 
same  procedure  is  followed  for  filling  the  vacancy  as  was  followed 
for  api)ointing  him.  In  this  case,  the  appointment  is  made  for  a 
fresh  period  of  six  years. 


253 
ARncLE  XII. 

The  Judges  of  the  International  Prize  Coiiit  are  all  equal  in  rank 
and  have  precedence  accordino;  to  the  date  on  which  Ihe  notification 
of  their  appointment  was  received  (Article  XI,  para,i;ra))h  1),  and 
if  they  sit  by  rota  (Article  XVj  paraf^raph  2),  according  to  the  date 
on  which  they  entered  upon  their  duties.  When  the  date  is  the  same 
the  senior  in  age  takes  precedence. 

The  Deputy  Judges  when  acting  are  assimilated  to  the  Judges. 
They  rank,  however,  after  thein. 

Aeticle  XIII. 

The  Judges  enjoy  diplomatic  privileges  and  immunitiee  in  the 
performance  of  their  duties  and  W'heii  outside  their  own  country. 

Before  taking  their  seat,  the  Judges  must  swear,  or  make  a  solemn 
promise  before  the  Administrative  Council,  to  discharge  their  duties 
impartially  and  conscientiously. 

Article  XIV. 

The  Court  is  composed  of  fifteen  Judges;  nine  Judges  constitute 
a  quorum. 

A  Judge  who  is  absent  or  prevented  from  sitting  is  replaced  by 
the  Deputy  Judge. 

Akticle  XV. 

The  Judges  appointed  by  the  following  Contracting  Powers:  Ger- 
many, the  United  States  of  America,  Austria-Hungary,  France, 
Great  Britain,  Italy,  Japan,  and  Russia,  are  always  summoned  to  sit. 

The  Judges  and  Deputy  Judges  appointed  by  the  other  Contract- 
ing Powers  sit  by  rota  as  shown  in  the  Table  annexed  to  the  present 
Convention;  their  duties  may  be  performed  successively  by  the  same 
person.  The  same  Judge  may  be  appointed  by  several  of  the  said 
Powers. 

Article  XVI. 

If  a  belligerant  Power  has,  according  to  the  rota,  no  Judge  sitting 
in  the  Court,  it  may  ask  that  the  Judge  appointed  by  it  should  take 
part  in  the  settlement  of  all  cases  arising  from  the  war.  Lots  shall 
then  be  drawn  as  to  which  of  the  Judges  entitled  to  sit  according  to 
the  rota  shall  withdraw.  This  arrangement  does  not  affect  the  Judge 
appointed  by  the  other  belligerent. 

Article  XVII. 

No  Judge  can  sit  who  has  been  a  party,  in  any  way  whatever,  to 
the  sentence  pronounced  by  the  National  Courts,  or  has  taken  part 
in  the  case  as  counsel  or  advocate  for  one  of  the  parties. 

No  Judge  or  Deputy  Judge  can,  during  his  tenure  of  office,  api^ear 
as  agent  or  advocate  before  the  International  Prize  Court,  nor  act 
for  one  of  the  parties  in  any  capacity  whatever. 


254 

Article  XVIII. 

The  belUfrerent  captor  is  entitled  to  appoint  a  naval  ofTiccr  of  hinh 
rank  to  sit  as  Assessor,  but  with  no  voice  in  the  decision.  A  neutral 
Power,  which  is  a  party  to  the  proceedings  or  whose  subject  or  citizen 
is  a  party,  has  the  same  right  of  appointment ;  if  as  the  result  of  this 
last  provision  more  than  one  Power  is  concerned,  they  must  agree 
among  themselves,  if  necessary  by  lot,  on  the  officer  to  be  appointed. 

Article  XIX. 

The  Court  elects  its  President  and  Vice-President  by  an  absolute 
majority  of  the  votes  cast.  After  two  ballots,  the  election  is  made 
by  a  bare  majority,  and,  in  case  the  votes  are  equal,  bj-  lot. 

Article  XX. 

The  Judges  on  the  International  Prize  Court  are  entitled  to  trav- 
elling allowances  in  accordance  with  the  regulations  in  force  in  their 
own  country,  and  in  addition  receive,  while  the  Court  is  sitting  or 
Avhile  they  are  carrj'ing  out  duties  conferred  upon  them  by  the  Court, 
a  sum  of  100  Netherland  florins  per  diem. 

These  payments  are  included  in  the  general  expenses  of  the  Court 
dealt  with  in  Article  XLVII,  and  are  paid  through  the  International 
Bureau  established  by  the  Convention  of  the  29th  July,  1899. 

The  Judges  may  not  receive  from  their  own  Government  or  from 
that  of  any  other  Power  any  remuneration  in  their  capacity  of  mem- 
bers of  the  Court. 

Article  XXI. 

The  seat  of  the  International  Prize  Court  is  at  The  Hague  and  it 
cannot,  except  in  the  case  of  foi^ce  majeure,  be  transferred  elsewhere 
without  the  consent  of  the  belligerents. 

Article  XXII. 

The  Administrative  Council  fulfils,  with  regard  to  the  Interna- 
tional Prize  Court,  the  same  functions  as  to  the  Permanent  Couft  of 
Arbitration,  but  only  Representatives  of  Contracting  Powers  will  be 
members  of  it. 

Article  XX III. 

The  International  Bureau  acts  as  registry  to  the  International 
Prize  Court  and  must  place  its  offices  and  staff  at  the  disposal  of 
the  Court.  It  has  charge  of  the  archives  and  carries  out  the  admin- 
istrative work. 

The  Secretary-General  of  the  International  Bureau  acts  as  Regis- 
trar. 

The  necessary  secretaries  to  assist  the  Registrar,  translators  and 
Bhortluiiid  writers  are  appointed  and  sworn  in  by  the  Court. 


255 
Article  XXIV. 

The  Court  determines  which  language  it  will  itself  use  and  what 
languages  may  be  used  before  it,  but  the  olficial  hiuguagc  of  the 
National  Courts  which  have  had  cognizance  of  the  case  may  always 
be  used  before  the  Court. 

Article  XXV. 

Powers  which  are  concerned  in  a  case  may  appoint  special  agents 
to  act  as  intermediaries  between  themselves  and  the  Court.  They 
may  also  engage  counsel  or  advocates  to  defend  their  rights  and 
interests. 

Article  XXVI. 

A  private  person  concerned  in  a  case  will  be  represented  before 
the  Court  by  an  attorney,  who  must  be  either  an  advocate  qualified 
to  plead  before  a  Court  of  Appeal  or  a  High  Court  of  one  of  the 
Contracting  States,  or  a  lawyer  practising  before  a  similar  Court, 
or  lastly,  a  professor  of  law  at  one  of  the  higher  teaching  centers  of 
those  countries. 

Article  XXVII. 

For  all  notices  to  be  served,  in  particular  on  the  parties,  witnesses, 
or  experts,  the  Court  may  apply  direct  to  the  Government  of  the 
State  on  whose  territory  the  service  is  to  be  carried  out.  The  same 
rule  applies  in  the  case  of  steps  being  taken  to  procure  evidence. 

The  requests  for  this  purpose  are  to  be  executed  so  far  as  the  means 
at  the  disposal  of  the  Power  applied  to  under  its  municipal  law 
allow.  They  cannot  be  rejected  unless  the  Power  in  question  con- 
siders them  calculated  to  impair  its  sovereign  rights  or  its  safety. 
If  the  request  is  complied  with,  the  fees  charged  must  only  comprise 
the  expenses  actually  incurred. 

The  Court  is  equally  entitled  to  act  through  the  Power  on  whose 
territory  it  sits. 

Notices  to  be  given  to  parties  in  the  place  where  the  Court  sits  may 
be  served  through  the  International  Bureau. 

Part  III. — Procedure  in  the  International  Prize  Court, 

Article  XXVIII. 

An  appeal  to  the  International  Prize  Court  is  entered  by  means 
of  a  written  declaration  made  in  the  National  Court  which  has 
already  dealt  with  the  case  or  addressed  to  the  International  Bureau  ; 
in  the  latter  case  the  appeal  can  be  entered  by  telegram. 

The  period  within  which  the  appeal  must  be  entered  is  fixed  at 
120  days,  counting  from  the  day  the  decision  is  delivered  or  notified 
(Article  II,  paragraph  2). 

Article  XXIX. 

If  the  notice  of  appeal  is  entered  in  the  National  Court,  this  Court, 
without  considering  the  question  whether  the  appeal   was  entered 


256 

in  due  time,  will  transmit  within  seven  days  the  record  of  the  case 
to  the  International  Bureau. 

If  the  notice  of  the  appeal  is  sent  to  the  International  Bureau,  the 
Bureau  will  immediately  inform  the  National  Court,  when  possible 
by  telegraph.  The  latter  will  transmit  the  record  as  provided  in 
the  preceding  paragraph. 

When  the  appeal  is  brought  by  a  neutral  individual  the  Interna- 
tional Bureau  at  once  informs  b}^  telegraph  the  individual's  Govern- 
ment, in  order  to  enable  it  to  enforce  the  rights  it  enjoys  under 
Article  IV,  paragraph  2. 

Article  XXX. 

In  the  case  provided  for  in  Article  VI,  paragraph  2,  the  notice  of 
appeal  can  be  addressed  to  the  International  Bureau  only.  It  must 
be  entered  within  thirty  days  of  the  expiration  of  the  period  of  two 
years. 

Article  XXXI. 

If  the  appellant  does  not  enter  his  appeal  within  the  period  laid 
down  in  Articles  XXVIII  or  XXX,  it  shall  be  rejected  without 
discussion. 

Provided  that  he  can  show  that  he  was  prevented  from  so  doing 
by  force  majeure^  and  that  the  appeal  was  entered  within  sixty  days 
after  the  circumstances  which  prevented  him  entering  it  before  had 
ceased  to  operate,  the  Court  can,  after  hearing  the  respondent,  grant 
relief  from  the  effect  of  the  above  provision. 

Article  XXXII. 

If  the  appeal  is  entered  in  time,  a  certified  copy  of  the  notice  of 
appeal  is  forthwith  officially  transmitted  by  the  Court  to  the  re- 
spondent. 

Article  XXXIII. 

If,  in  addition  to  the  parties  who  are  before  the  Court,  there  are 
other  parties  concerned  who  are  entitled  to  appeal,  or  if,  in  the  case 
referred  to  in  Article  XXIX,  paragraph  3,  the  Government  who  has 
received  notice  of  an  appeal  has  not  announced  its  decision,  the  Court 
Avill  await  before  dealing  with  the  case  the  expiration  of  the  period 
laid  down  in  Articles  XXVIII  or  XXX. 

Article  XXXIV. 

The  procedure  before  the  International  Court  includes  two  distinct 
parts :  the  written  pleadings  and  oral  discussions. 

The  written  pleadings  consist  of  the  deposit  and  exchange  of  cases, 
counter-cases,  and,  if  necessary,  of  replies,  of  which  the  order  is  fixed 
by  the  Court,  as  also  the  periods  within  which  they  must  be  delivered. 
The  parties  annex  thereto  all  papers  and  documents  of  which  they 
intend  to  make  use. 


257 

A  ccrlified  copy  of  every  docuiueiiL  produced  by  one  party  must  be 
communicated  to  the  other  party  through  the  medium  of  the  Court. 

Article  XXXV. 

After  the  close  of  the  pleadings,  a  public  sitting  is  held  on  a  day 
fixe.-^  by  the  Court. 

At  this  sitting  the  parties  state  their  view  of  the  case  both  as  to 
the  lavS'  and  as  to  the  facts. 

The  Court  may,  at  any  stage  of  the  proceedings,  suspend  speeches 
of  counsel,  either  at  the  request  of  one  of  the  parties,  or  on  their  own 
initiative,  in  order  that  supplementary  evidence  may  be  obtained. 

Article  XXXVI. 

The  International  Court  may  order  the  supplementary  evidence  to 
be  taken  either  in  the  manner  provided  by  Article  XXVII,  or  before 
itself,  or  one  or  more  of  the  members  of  the  Court,  provided  that  this 
can  be  done  without  resort  to  compulsion  or  the  use  of  threats. 

If  steps  are  to  be  taken  for  the  purpose  of  obtaining  evidence  by 
members  of  the  Court  outside  the  territory  where  it  is  sitting,  the 
consent  of  the  foreign  Government  must  be  obtained. 

Article  XXXVII. 

The  parties  are  summoned  to  take  part  in  all  stages  of  the  pro- 
ceedings and  receive  certified  copies  of  the  Minutes. 

Article  XXXVIII. 

The  discussions  are  under  the  control  of  the  President  or  Vice- 
President,  or,  in  case  they  are  absent  or  cannot  act,  of  the  senior 
Judge  present. 

TJie  Judge  appointed  by  a  belligerent  party  cannot  preside. 

Article  XXXIX. 

The  discussions  take  place  in  public,  subject  to  the  right  of  a  Gov- 
ernment who  is  a  party  to  the  case  to  demand  that  they  be  held  in 
private. 

Minutes  are  taken  of  these  discussions  and  signed  by  the  President 
and  Registrar,  and  these  Minutes  alone  have  an  authentic  character. 

Article  XL. 

If  a  party  does  not  appear,  despite  the  fact  that  he  has  been  duly 
citc'l,  or  if  a  party  fails  to  comply  with  some  step  within  the  period 
fixed  by  the  Court,  the  case  proceeds  without  that  party,  and  the 
Court  gives  judgment  in  accordance  with  the  material  at  its  disposal. 

Article  XLI. 

The  Court  officially  notifies  to  the  parties  Decrees  or  decisions 
made  in  their  absence. 


258 

Article  XLII. 

The  Court  takes  into  consideration  in  arriving  at  its  decision  all 
the  facts,  evidence,  and  oral  statements. 

Article  XLIII. 

The  Court  considers  its  decision  in  private  and  the  proceedings  are 
secret. 

All  questions  are  decided  by  a  majority  of  the  Judges  present.  II 
the  number  of  Judges  is  even  and  equalh'  divided,  the  vote  of  the 
junior  Judge  in  the  order  of  precedence  laid  down  in  Article  XII, 
paragraph  1,  is  not  counted. 

Article  XLIV. 

The  judgment  of  the  Court  must  give  the  reasons  on  which  it  is 
based.  It  contains  the  names  of  the  Judges  taking  part  in  it,  and 
also  of  the  Assessors,  if  any;  it  is  signed  by  the  President  and 
Registrar. 

Article  XLV. 

The  sentence  is  pronounced  in  public  sitting,  the  parties  concerned 
being  present  or  duly  summoned  to  attend;  the  sentence  is  officially 
communicated  to  the  parties. 

When  this  communication  has  been  made,  the  Court  transmits  to 
the  National  Prize  Court  the  record  of  the  case,  together  with 
copies  of  the  various  decisions  arrived  at  and  of  the  Minutes  of  the 
proceedings. 

Article  XLVI. 

Each  party  pays  its  own  costs. 

The  party  against  whom  the  Court  decides  bears,  in  addition,  the 
costs  of  the  trial,  and  also  pa3's  1  per  cent,  of  the  value  of  the  subject- 
matter  of  the  case  as  a  contribution  to  the  general  expenses  of  the 
International  Court.  The  amount  of  these  payments  is  fixed  in  the 
judgment  of  the  Court. 

If  the  appeal  is  brought  by  an  individual,  he  wall  furnish  the 
International  Bureau  with  security  to  an  amount  fixed  by  the  Court, 
for  the  purpose  of  guaranteeing  eventual  fulfilment  of  the  two 
obligations  mentioned  in  the  preceding  paragraph.  The  Court  is 
entitled  to  postpone  the  opening  of  the  proceedings  until  the  security 
has  been  furnished. 

Article  XLV  II. 

The  general  expenses  of  the  International  Prize  Court  are  borne 
by  the  Contracting  Powers  in  proportion  to  their  share  in  the  com- 
position of  the  Court  as  laid  down  in  Article  XV  and  in  the  annexed 
Table.  The  appointment  of  Deputy  Judges  does  not  involve  any 
contribution. 

The  Administrative  Council  applies  to  the  Powers  for  the  funds 
requisite  for  the  working  of  the  Court. 


259 

Article  XL VIII. 

When  the  Court  is  not  sitlinc:,  <he  duties  confcrrerl  upon  it  by 
Article  XXXII,  Article  XXXIV,  paragraphs  '2  and  3,  Ailicle 
XXXV,  paragraph  1,  and  Article  jCLV',  para<rrai)h  '.\.  are  dis- 
charged by  a  delegation  of  three  Judges  ap[)ointcd  by  the  Court. 
This  delegation  decides  by  a  majority  of  votes. 

Article  XLIX. 

The  Court  itself  draws  up  its  own  rules  of  procedure,  which  must 
be  communicated  to  the  Contracting  Powers. 

It  will  meet  to  elaborate  these  rules  within  a  year  of  the  ratifica- 
tion of  the  present  Convention. 

Article  L. 

The  Court  may  propose  modifications  in  tlic  provisions  of  the 
present  Convention  concerning  procedure.  These  proposals  are  com- 
municated, through  the  medium  of  the  Netherland  Government,  to 
the  Contracting  Powers,  which  will  consider  together  as  to  the 
measures  to  be  taken. 

Part  IV. — Final  Provisions. 

AlRticle  LI. 

The  present  Convention  does  not  apply  as  of  right  except  when 
the  belligerent  PoAvers  are  all  parties  to  the  Convention. 

It  is  further  fully  understood  that  an  appeal  to  the  International 
Prize  Court  can  only  be  brought  by  a  Contracting  Power  or  the 
subject  or  citizen  of  a  Contracting  Power. 

In  the  cases  mentioned  in  Article  V,  the  appeal  is  only  admitted 
when  both  the  owner  and  the  person  entitled  to  represent  him  arc 
equally  Contracting  Powers  or  the  subjects  or  citizens  of  Contracting 
Powers. 

Article  LII. 

The  present  Convention  shall  be  ratified  and  the  ratifications  shall 
be  deposited  at  The  Hague  as  soon  as  all  the  Powers  mentioned  in 
Article  XV  and  in  the  Table  annexed  are  in  a  position  to  do  so. 

The  deposit  of  the  ratifications  shall  take  place,  in  any  cjise,  on 
the  30th  June,  1909,  if  the  Powers  which  are  ready  to  ratify  furnish 
nine  Judges  and  nine  Deputy  Judges  to  the  Court,  qualified  to  validly 
constitute  a  Court.  If  not,  the  deposit  shall  be  postponed  until  this 
condition  is  fulfilled. 

A  Minute  of  the  deposit  of  ratifications  shall  be  drawn  up.  of 
which  a  certified  copy  shall  be  forwarded,  through  ihe  diplouiatic 
channel,  to  each  of  the  Powers  referred  to  in  the  first  paragraph. 

Article  LIII. 

The  Powers  referred  to  in  Article  XV  and  in  the  Tahlo  annexed 
are  entitled  to  sign  the  present  Convention  up  to  tlie  deposit  of  tiie 
ratifications  conteniphited  in  paragraph  2  of  the  preceding  Article. 

76,844°— S.  Doc.  10G3,  62-3 18 


260 

After  this  deposit,  they  can  at  any  time  adhere  to  it,  purely  and 
simply.  A  Power  wishing  to  adhere,  notifies  its  intention  in  writing, 
to  the  Netherland  Government  transmitting  to  it,  at  the  same  time, 
the  act  of  adhesion,  which  shall  be  deposited  in  the  archives  of  the 
said  Government.  The  letter  shall  send,  through  the  diplomatic 
channel,  a  certified  copy  ol  the  notification  and  of  the  act  of  adhesion 
to  all  the  Powers  referred  to  in  the  preceding  paragraph,  informing 
them  of  the  date  on  which  it  has  received  the  notification. 

AuncLE  LIV. 

The  present  Convention  shall  come  into  force  six  months  from  the 
deposit  of  the  ratifications  contemplated  in  Article  LII,  paragraphs 
1  and  2. 

The  adhesions  shall  take  eflPect  sixty  days  after  notification  of  such 
adhesion  has  been  received  by  the  Netherland  Government,  or  as  soon 
as  possible  on  the  expiration  of  the  period  contemplated  in  the  pre- 
ceding paragraph. 

The  International  Court  shall,  however,  have  jurisdiction  to  deal 
with  prize  cases  decided  by  the  National  Courts  at  any  time  after  the 
deposit  of  the  ratifications  or  of  the  receipt  of  the  notification  of  the 
adhesions.  In  such  cases,  the  period  fixed  in  Article  XXVIII,  para- 
graph 2,  shall  only  be  reckoned  from  the  date  when  the  Convention 
comes  into  force  as  regards  a  Power  which  has  ratified  or  adhered. 

Article  LV. 

The  present  Convention  shall  remain  in  force  for  twelve  years 
from  the  time  it  comes  into  force,  as  determined  by  Article  LIV, 
paragraph  1,  even  in  the  case  of  Powders  which  adhere  subsequently. 

It  shall  be  renewed  tacitly  from  six  years  to  six  years  unless 
denounced. 

Denunciation  must  be  notified  in  writing,  at  least  one  year  before 
the  expiration  of  each  of  the  periods  mentioned  in  the  two  preceding 
paragraphs,  to  the  Netherland  Government,  which  will  inform  all 
the  other  Contracting  Powers. 

Denunciation  shall  only  take  effect  in  regard  to  the  Power  which 
has  notified  it.  The  Convention  shall  remain  in  force  in  the  case  of 
the  other  Contracting  Powers,  provided  that  their  participation  in 
the  appointment  of  Judges  is  sufficient  to  allow  of  the  composition  of 
the  Court  with  nine  Judges  and  nine  Deputy  Judges. 

Article  LVI. 

In  ca.se  the  present  Convention  is  not  in  operation  as  "regards  all 
the  Powers  referred  to  in  Article  XV  and  the  annexed  Table,  the 
Administrative  Council  shall  draw  up  a  list  on  the  lines  of  that 
Article  and  Table  of  the  Judges  and  Deputy  Judges  through  whom 
tlie  Contracting  Powers  will  share  in  the  composition  of  the  Court. 
The  times  allotted  by  the  said  Table  to  Judges  who  are  summoned 
to  sit  in  rota  will  be  redistributed  between  the  different  years  of  the 
six-year  period  in  such  a  way  that,  as  far  as  possible,  the  number  of 


261 

the  Judges  of  the  Court  in  each  year  shall  be  the  same.  If  the  num- 
ber of  Deputy  Judges  is  greater  than  that  of  the  Judges,  the  numi)er 
of  the  hitter  can  be  completed  by  Deputy  Judges  chosen  by  lot  among 
those  powers  which  do  not  nominate  a  Judge. 

The  list  drawn  up  in  this  wav  by  the  Administrative  Council  shall 
be  notified  to  the  Contracting  Powers.  It  shall  be  revised  when  tlie 
number  of  these  Powers  is  modified  as  the  result  of  adhesions  or 
denunciations. 

The  change  resulting  from  an  adhesion  is  not  made  until  the  1st 
January  after  the  date  on  which  the  adhesion  takes  effect,  unless  the 
adhering  Power  is  a  belligerent  Power,  in  which  case  it  can  ask  to 
be  at  once  represented  in  the  Court,  the  provision  of  Article  XVI 
being,  moreover,  applicable  if  necessary. 

AVhen  the  total  number  of  Judges  is  less  than  eleven,  seven  Judges 
form  a  quorum. 

Article  LVII. 

Two  years  before  the  expiration  of  each  period  referred  to  in 
paragraphs  1  and  2  of  Article  LV  any  Contracting  Power  can  de- 
mand a  modification  of  the  provisions  of  Article  XV  and  of  the 
annexed  Table,  relative  to  its  participation  in  the  composition  of  the 
Court.  The  demand  shall  be  addressed  to  the  Administrative  Coun- 
cil, which  will  examine  it  and  submit  to  all  the  Powers  proposals  as 
to  the  measures  to  be  adopted.  The  Powers  shall  inform  the  Admin- 
istrative Council  of  their  decision  with  the  least  possible  delay.  The 
result  shall  be  at  once,  and  at  least  one  year  and  thirty  days  before 
the  expiration  of  the  said  period  of  two  years,  communicated  to  the 
Power  which  made  the  demand. 

When  necessary,  the  modifications  adopted  by  the  Powers  shall 
rome  into  force  from  the  commencement  of  the  fresh  period. 

In  faith  whereof  the  Plenipotentiaries  have  appended  their  signa- 
tures to  the  present  Convention. 

Done  at  The  Hague,  the  18th  October,  1907,  in  a  single  copy,  which 
shall  remain  deposited  in  the  archives  of  the  Netherland  Govern- 
ment, and  duly  certified  copies  of  which  shall  be  sent,  through  the 
diplomatic  channel,  to  the  Powers  designated  in  Article  XV  and  in 
the  Table  annexed. 

ANNEX  TO  ARTICLE  XV. 


Distribution  of  Judges  and  Deputy  Judges  by  Countries  for  each  Year  of  the 

period  of  Six  Years. 


Judges. 


Deputy  Judfjea 


Argentina 

Colombia 

Spain 

Greece 

Norway 

Netherlands riiltrium. 

Turkey IVrsla. 


First  Year. 

Paraguay. 

Bolivia. 

Spain. 

Roumanla. 

Sweden. 


Judges. 


Deputy  Judges. 


Argentina. . . 

Spain 

Greece 

Norway 

Netherlands. 
Turkov 


Second  Year. 

Panama. 

Spain. 

K'>iimaniA. 

Swi-dr'n. 

Belirium. 

T.nxemburj?. 


Uruguay I  Costa  Rica. 


262 


Disirihution  of  Judges  and  Deputy  Judges  by  Countries  for  ecch  Year  o)  the 

period  of  Six  Years — Continued. 


Judsos. 


Deputy  Judges. 


Judges. 


Deputy  Judpres. 


Brazil 

China 

Spain 

Netherlands . 
Roumania.. 

Sweden 

Venezuela... 


Brazil 

China 

Spain 

Peru 

Roumania . . 

Sweden 

Switzerland. 


Third  Year. 

Santo  Domingo. 
Turkey. 
Portugal. 
Switzerland. 
Greece. 
Denmark. 
UaiU. 
Fourth  Year. 

Guatemala. 

Turkey. 

Portugal. 

Honduras. 

Greece. 

Denmark. 

Xetherlands. 


Fijlh 

Belgium 

Bulgaria 

Chile 

Denmark 

Mexico 

Persia 

Portugal 

S'alh 

Belgium 

Chile 

Denmark 

Mexico 

Portugal 

Servia 

Siam 


Year. 

Netherlands. 

Montenegro. 

Nicaragua. 

Norway. 

Cuba. 

China. 

Spain. 

Year. 

Netherlands. 

Salvador. 

Norway. 

Ecuador. 

Spain. 

Bulgaria. 

China. 


In  Executi\t:  Session, 
Senate  of  the  United  States. 
Resolved  (two-thirds  of  the  Senators  present  concurring  therein), 
That  the  Senate  advise  and  consent  to  the  ratification  of  the  conven- 
tion for  an  international  prize  court  sisned  at  The  Hague  on  the  18th 
day  of  October,  1907,  and  at  the  same  time  to  the  ratification,  as 
forming  an  integral  part  of  the  said  convention,  of  the  protocol 
thereto,  signed  at  The  Hague  on  the  19th  day  of  September,  1910, 
and  transmitted  to  the  Senate  by  the  President  on  the  2d  day  of  Feb- 
ruary, 1911 :  Provided.,  That  it  is  the  understanding  of  the  Senate 
and  is  a  condition  of  its  consent  and  advice  that  in  the  instrument  of 
ratification  the  United  States  of  America  shall  declare  that  in  prize 
cases  recourse  to  the  International  Court  of  Prize  can  only  be  exer- 
cised against  it  in  the  form  of  an  action  in  damages  for  the  injuries 
caused  by  the  capture. 


[Translation.] 

Additional  Protocol  to  the  Con\^ntion  Relative  to  the  Estab- 
lishment OF  an  International  Court  of  Prize. 

Germany,  the  United  States  of  America,  the  Argentine  Republic, 
Austria-Hungary,  Chile.  Denmark,  Spain,  France,  Great  Britain, 
Japan,  Norway,  the  Xetherlands,  Sweden,  powers  signatory  to  The 
Ha<jue  Convention  dated  October  18,  1907,  for  the  establishment  of 
an  international  court  of  prize,  considering  that  for  some  of  these 
powers  difHculties  of  a  constitutional  nature  prevent  the  acceptance 
of  the  said  convention,  in  its  present  form,  have  deemed  it  expedient 
to  agree  upon  an  additional  protocol  takin^  into  account  these  diffi- 
culties without  jeopardizing  any  legitimate  interest  and  have,  to  that 
end,  appointed  as  their  plenipotentiaries,  to  wit: 

Germany:  His  Excellency  F.  de  Miiller,  envoy  extraordinary  and 
minister  plenipotentiary  at  The  Hague. 


263 

The  United  States  of  America:  Janioe;  Brown  Pcott. 

The  Argentine  Ueyuhlie:  His  Excellency  Alejandro  Gnesalaga, 
envoy  extraordinary  and  minister  plenipotentiary  at  The  Ilaf^ue. 

Anstria-Hungary :  Baron  K.  de  Gudenus,  clnirge  d'affaires  ad 
interim  at  The  IIa<,nie. 

Chile:  His  Excellency  E.  Puf^a  Borne,  envoy  extraordinary  and 
minister  plenipotentiary  at  Paris. 

Denmark:  J.  W.  de  Grevenkop  Castenkkjold,  minister  resident  a^ 
Tlie  Hague. 

Spain :  His  Excellency  Jose  de  la  Rica  y  Calvo,  envoy  ext  raordinary 
and  minister  plenipotentiary  at  The  Hague. 

France:  His  Excellency  Marcellin  Pellet,  envoy  extraordinary  and 
minister  plenipotentiary  at  The  Hague. 

Great  Britain:  His  Excellency  Sir  George  W.  Buchanan,  G.  C.  V.  O., 
K.  C.  IVr.  G.,  C.  B.,  envoy  extraordinary  and  minister  pl-cnipotentiary 
at  the  Hague. 

Japan:  His  Excellency  Aimaro  Sato,  envoy  extraordinary  and 
minister  plenipotentiary  at  The  Hague. 

Norway:  His  Excellency  G.  F.  Hagerup,  envoy  extraordinary  and 
minister  plenipotentiary  at  The  Hague. 

The  N etJierlands :  His  Excellency  Jonheer  R.  de  Marees  van  Swin- 
deren,  minister  of  foreign  affairs. 

Sweden:  His  Excellency  Count  J.  J.  A.  Ehrensviird,  envoy  extraor- 
dinary and  minister  plenipotentiarj^  at  The  Hague. 

Who,  after  depositing  their  full  powers,  found  to  be  in  good  and 
due  form,  have  agreed  upon  the  following: 

Article  1.  The  powers  signatory  or  adhering  to  The  Hague  Con- 
vention of  October  18,  1907,  relative  to  the  establishment  of  an  inter- 
national court  of  prize,  which  are  prevented  by  dilliculties  of  a  con- 
stitutional nature  from  accepting  the  said  convention  in  its  present 
form,  have  the  right  to  declare  in  the  instrument  of  ratification  or  ad- 
herence that  in  prize  cases,  wherefore  their  national  courts  have  jur- 
isdiction, recourse  to  the  international  court  of  prize  can  only  be 
exercised  against  them  in  the  form  of  an  action  in  damages  for  the 
injury  caused  by  the  capture. 

Art.  2.  In  the  case  of  recourse  to  the  international  court  of  prize, 
in  the  form  of  an  action  for  damages,  article  8  of  the  convention  is 
not  applicable;  it  is  not  for  the  court  to  pass  upon  the  validity  or 
the  nullity  of  the  capture,  nor  to  reserve  or  affirm  the  decision  of  the 
national  tribunals. 

If  the  capture  is  considered  illegal,  the  court  determines  the  amount 
of  damages  to  be  allowed,  if  any,  to  the  claimants. 

Art.  3.  The  conditions  to  which  recourse  to  the  international 
court  of  prize  is  subject  by  the  convention  are  applicable  to  the 
action  in  damages. 

Art.  4.  Under  reserve  of  the  provisions  hereinafter  stated  the 
rules  of  procedure  established  by  the  convention  for  recourse  to  the 
international  court  of  prize  shall  be  observed  in  the  action  in 
damages. 

Art.  5.  In  derogation  of  article  28.  paragraph  1,  of  the  conven- 
tion, the  suit  for  damages  can  only  be  brought  lx>fore  the  interna- 
tional court  of  prize  by  means  of  a  written  declaration  addressed  to 
the  International  Bureau  of  the  Permanent  Court  of  Arbitration; 
♦Jie  case  may  even  be  brought  before  the  bureau  by  telegram. 


264 

Akt.  6.  In  derof^ation  of  article  29  of  the  convention  the  inter- 
national bureau  shall  notif}^  directly,  and  if  possible  by  telegram, 
the  Government  of  the  belligerent  captor  of  the  declaration  of  action 
brought  before  it. 

The  Government  of  the  belligerent  captor,  without  considering 
whether  the  prescribed  periods  of  time  have  been  observed,  shall, 
within  seven  days  of  the  receipt  of  the  notification,  transmit  to  the 
international  bureau  the  case,  appending  thereto  a  certified  copy 
of  the  decision,  if  any,  rendered  by  the  national  tribunal. 

Art.  7.  In  derogation  of  article  45,  paragraph  2,  of  the  convention 
the  court  rendering  its  decision  and  notifying  it  to  the  parties  to  the 
suit  shall  send  directly  to  the  Government  of  the  belligerent  captor 
the  record  of  the  case  submitted  to  it,  appending  thereto  a  copy  of 
the  various  intervening  decisions  as  well  as  a  copy  of  the  minutes  of 
the  preliminary  proceedings. 

Art.  8.  The  present  additional  protocol  shall  be  considered  as  form- 
ing an  integral  part  of  and  shall  be  ratified  at  the  same  time  as  the 
convention. 

If  the  declaration  provided  for  in  article  1  herein  above  is  made  in 
the  instrument  of  the  ratification,  a  certified  copy  thereof  shall  be 
inserted  in  the  proces  verbal  of  the  deposit  of  ratifications  referred 
to  in  article  52,  paragraph  3,  of  the  convention. 

Art.  9.  Adherence  to  the  convention  is  subordinated  to  adherence 
to  the  present  additional  protocol. 

In  faith  of  which  the  plenipotentiaries  have  affixed  their  signatures 
to  the  present  additional  protocol. 

Done  at  The  Hague  on  the  19th  day  of  September,  1910,  in  a  single 
copy,  which  shall  remain  deposited  in  the  archives  of  the  Government 
of  the  Netherlands  and  of  which  duly  certified  copies  shall  be  for- 
warded through  diplomatic  channels  to  the  powers  designated  in 
Article  XV  of  the  convention  relative  to  the  establishment  of  an 
international  court  of  prize  of  October  18,  1907,  and  in  its  appendix. 

For  Germany : 

F.  DE  MuiXER. 

For  United  States  of  America : 
James  Brown  Scott. 

For  the  Argentine  Republic : 

Alejandro  Guesalaga. 

For  Austria-Hungary : 

E.  DE  GUDENUS, 

For  Chile: 

.  F.  Puga  Borne. 
For  Denmark: 

J.  W.  DE  Grevenkop  Castenskjoldw 

For  Spain : 

Jose  de  la  Riga  y  Calvo, 

For  France : 

Marcellin  Pellet. 


265 

For  Great  Britain: 

George  W.  Bk  hanan,  G.  C.  V.  O.,  K.  C  M.  G.,  C.  B. 

For  Japan : 

AiMARO  Sato. 

For  Norway : 

G.  F.  Hagerup. 

For  the  Netherlands: 

JONKHEER  R.  DE  MaREES. 

Van  Swinderon. 

For  Sweden : 

J.  J.  A.  Ehrensvaiux 


1909. 

International  Naval  Conference.* 

Signed  at  London  February  26^  1909;  ratification  advised  hy  the 

Senate  April  £4,  1912. 

[The  text  of  this  convention  is  taken  from  the  copy  printed  for  the 
use  of  the  Senate  of  the  United  States.] 


Articles. 


CHAPTER   I — BLOCKADE   IN   TIME   OF    WAR. 

I.  Extent  of  blockade. 
II.  When  effec-tive. 

III.  Whether  effective  is  a  qnes- 

tion  of  fact. 

IV.  Ndt  regarded  as  raised  by 

withdrawal    on    accoiiiU 
of  stress  of  weather. 
V.  Must  be  applied  impartially 

to  ships  of  all  nations. 
VI.  rerniission    to    warship    to 
enter    and    leave    block- 
aded port. 
VII.  Neutral    vessel    in    distress 
may     enter     and     leave 
blockaded  port. 
VIII.  Procedure      in      declaring 
blockade. 
IX.  How  made. 

X.  Declaration  void  by  non- 
compliance with  article 
9  (1)  and  (2). 
XI.  Notification  to  powers  and 
local  authorities  of  block- 
ade. 
XII.  Rules  as  to  declaration  and 
notification  of  blockade ; 
when  extended  or  rees- 
tablished. 

XIII.  Notification  as  to  voluntary 

raising  of  blockade. 

XIV.  Liability  of  a  neutral  ves- 

sel to  capture. 
XV.  Presumption   of  knowledge 
of  blockade. 
XVI.  When  notification  necessary 
to      vessel      approaching 
blockaded  port. 
XVII.  Exemption  from  capture  of 

neutral  vessels. 
XVIII.  Blockading  forces  not  to 
bar  access  to  neutral 
posts  or  coasts. 
XIX.  Ulterior  destination  not  to 
control  capture  for  breach 
of  blockade. 


XX.  Conditions  under  which 
capture  can  or  can  not 
be  effected. 
XXI.  Disposition  of  vessel  and 
cargo  for  breach  of  block- 
ade. 

CHAPTER   II — CONTRABAND   OF    WAR. 

XXII.  Articles  treated  as  contra- 
band of  war. 

XXIII.  Notice  to  be  given  of  arti- 

cles added  to  list. 

XXIV.  Articles     which     may     be 

added     to     list     without 
notice. 
XXV,  Declaration   as   to   articles 
susceptible  of  use  in  war. 
XXVI.  Procedure  in  waiving  right 
to  treat  articles  as  con- 
traband. 
XXVII.  Articles  not  susceptible  of 
use   in   war   not   contra- 
band. 
XXVIII.  Articles  which  may  be  de- 
clared contraband. 
XXIX.  Articles  which  may  not  be 

treated  as  contraband. 
XXX.  Absolute  contraband  liable 

to  capture. 
XXXI.  Proof  of  destination. 
XXXII.  Papers  conclusive  proof  as 
to  voyage  of  vessel. 

XXXIII.  Conditional  contraband  lia- 

ble to  capture. 

XXXIV.  Destination  presumed. 
XXXV.  Circumstances  under  which 

contraband"  Is  not  liable 
to  capture. 
XXXVI.  Circumstances  under  which 
contraband    is    liable    to 
capture. 

XXXVIL  Vessel  carrying  absolute  or 
conditional  contraband 
liable  to  capture  on  high 
seas  or  in  the  territorial 
waters  of  belligerents. 


"Adversely  acted  on  by  Parliament  of  Great  Britain. 


(266) 


2G7 


XXXVIII.  Vessel  exempt  from  o;ip- 
ture  when  carriage  is  at 
an  end. 

XXXIX.  Contral)and  goods  liablo  to 
condemnation. 
XL.  Circumstances  under  wliicb 
vessel      may      be      cou- 
deninod. 
XLl.  Captured     vessel     may     be 
condemned    to    pay    ex- 
penses   inem-red    in    pro- 
ceedings in  national  prize 
court. 
XLII.  Goods   belonging   to   owner 
of  contraband   liable   to 
condemnation. 
XLIII.  Kxceiit  on  payment  of  com- 
pensation,      vessel       un- 
aware    of    outbreak     of 
hostilities     can     not     be 
condemned. 
XLIV.  Continuance   on    voj'age   of 
vessel  not  liable  to  con- 
demnation on  account  of 
proportion  of  contraband. 

CHAPTER     III — UNNEUTRAL     SERVICE. 

XLV.  Neutral  vessels  may  be  con- 
demned if  found  carry- 
ing passengers  embodied 
in  armed  force  of  enemy. 
XLVI.  Neutral  vessel  may  be  eon- 
den:ine<l  if  she  takes  part 
in  hostilities,  etc. 
XLVII.  When  individual  on  board 
neutral  ship  may  lie 
made  prisoner  of  war. 

CHAPTER    IV — DESTRUCTION    OF    NEUTRAL 
PRIZES. 

XLVIIT.  Validity  of  capture  of  neu- 
tral   vessel    to   be   deter- 
mined   before    being   de- 
stroyed. 
XLIX.   Neutral  vessel  captured  by 
warship      may     be     de- 
stroyed. 
L.  Persons  on  board  and   ;ill 
papers    and    other   docu- 
ments relevant  to   valid- 
ity  of  capture   must   be 
placed  in  safety. 
LI.   TJability  of  captor  for  de- 
struction of  neutral  ves- 
sel  prior  to  decision  re- 
specting liability  of  the 
prize. 
LII.  Compensation  in  case  cap- 
ture of  neutral  vessel  is 
subsequently      held      in- 
valid. 
LIII.   Compensation   for  destruc- 
tion of  neutral  goods  not 
liable  to  condemnation. 


LIV.  Kight  of  cajitor  lo  demand 
handing  over  and  de- 
struction of  goods  liable 
to  condemnation  found 
on  vessel  herself  not  lia- 
ble to  condemnation. 

CHAPTER  V — TRANSFER  OF  NEUTRAL  FI.AC. 

LV.  Validity  of  transfer  of 
cnemv  vessel  to  neutral 
flag.  ' 
LVI.  CoMilitions  under  which 
transfer  of  enemy  vessel 
to  neutral  Hag  is  void. 

cuArTi;n  vi — enemy  character. 

LVII.  Character  of  vessel  to  be 
determined  by  the  tlag 
she  is  entitled  to  fly. 

T.VTIT.  Neutral  or  enemy  charac- 
ter of  goods  determined 
by  neutral  or  enemy 
character  of  the  owner. 

LA'IX.  In  the  absence  of  proof  of 
neutral  character  of 
goods  they  are  presurae<l 
to  be  enemy  goods. 
LX.  Duration  of  enemy  charac- 
ter of  enemy  goods. 

CHAPTER   VU CONVOy. 

LXI.   Neutral   vessels   under  na- 
tional     convoy      exempt 
from  search. 
LXII.   Protection   of  convoy   may 
be  withdrawn. 

CHAPTER    VIII — RESISTANCE    TO    SEARCH. 


LXI  1 1. 


Consequences  resulting 
from  forcible  resistance 
to  the  legitimate  exercise 
of  right  of  stoppage, 
search,  and  capture. 


CriAPTER    TX COMPENSATION. 

LXIV.  Rights  involved  in  case 
prize  court  does  not  up- 
hold capture,  or  ship  is 
release<I  without  any 
judgment  being  given. 

FINAL  PROVISIONS. 

LXV.   Provisions  to  be  treated  as 

a  whole. 
LXVI.   Mutmil  observance  of  rules. 
LXVII.   Katificatlon. 
LXVIII.   Effect. 
LXIX.   Denunciation. 
LXX.   Notification  by  other  pow- 
ers  of   <lepire    to    accede 
to  present  declaration. 
LXXI.   Signing. 


268 


[Translation.] 


DECLARATTOX    COXCERXIXG    THE    LAWS    OF    NAVAL 

WARFAEE. 

HIS  Majesty  the  German  Emperor,  King  of  Prussia;  the  Presi- 
dent of  the  United  States  of  America;  His  Majesty  the  Emperor 
of  Austria,  King  of  Bohemia,  &c.,  and  Apostolic  King  of  Hungary;, 
His  Majesty  the  King  of  Spain ;  the  President  of  the  French  Repub- 
lic; His  Majesty  the  King  of  the  United  Kingdom  of  Great  Britain 
and  Ireland  and  of  the  British  Dominions  beyond  the  Seas,  Emperor 
of  India ;  His  Majesty  tlie  King  of  Italj'' ;  His  Majesty  the  Emperor 
of  Japan;  Her  Majesty  the  Queen  of  the  Netherlands;  His  Majesty 
the  Eniperor  of  All  the  Russias. 

Having  regard  to  the  terms  in  which  the  British  Government 
invited  various  Powers  to  meet  in  conference  in  order  to  arrive  at 
an  agreement  as  to  what  are  the  generally  recognized  rules  of  inter- 
national law  within  the  meaning  of  Article  7  of  the  Convention  of 
18th  October,  1907,  relative  to  the  establishment  of  an  International 
Prize  Court; 

Recognizing  all  the  advantages  which  an  agreement  as  to  the  said 
rules  would,  in  the  unfortunate  event  of  a  naval  war,  present,  both 
as  regards  peaceful  commerce,  and  as  regards  the  belligerents  and 
their  diplomatic  relations  with  neutral  Governments; 

Having  regard  to  the  divergence  often  found  in  the  methods  by 
which  it  is  sought  to  apply  in  practice  the  general  principles  of 
international  law; 

Animated  by  the  desire  to  insure  henceforward  a  greater  measure 
of  uniformity  in  this  respect; 

Hoping  that  a  work  so  important  to  the  common  welfare  will  meet 
with  general  approval; 

Have  appointed  as  their  Plenipotentiaries,  that  is  to  say: 

His  Majesty  the  German  Emperor,  King  of  Prussia : 

M.  Kriege,  Privy  Councillor  of  Legation  and  Legal  Adviser  to 
the  Department  for  Foreign  Affairs,  Member  of  the  Permanent 
Court  of  Arbitration. 

The  President  of  the  United  States  of  Ajnerica : 

Rear-Admiral  Charles  H.  Stockton,  retired; 

Mr.  George  Grafton  Wilson,  Professor  at  Brown  University  and 
Lecturer  on  International  Law  at  the  Naval  War  College  and  at 
Harvard  University. 

His  Majesty  the  Emperor  of  Austria,  King  of  Bohemia,  &c.,  and 
Apostolic  King  of  Hungary: 

His  Excellency  M.  Constantin  Thoedore  Dumba,  Privy  Councillor 
of  His  Imperial  and  Royal  Apostolic  Majesty,  Envoy  Extraordinary 
and  Minister  Plenipotentiary. 

His  Majesty  the  King  of  Spain : 

^I.  Gabriel  Maura  y  Gamazo,  Count  de  la  Mortera,  Member  of 
Parliament. 

The  President  of  the  French  Republic : 

M.  Louis  Renault.  Professor  of  the  Faculty  of  Law  at  Paris, 
Honorary  Minister  Plenipotentiary,  Legal  Adviser  to  the  Min- 
istry of  Foreign  Affairs,  Member  of  the  Institute  of  France,  Member 
of  the  Permanent  Court  of  Arbitration. 


269 

His  Majesty  the  King  of  the  United  Kingdom  of  Great  Britain 
and  Ireland,  and  of  the  British  Dominions  beyond  the  Seas,  Em- 
peror of  India: 

The  Earl  of  Desart,  K.  C.  B.,  King's  Proctor. 

His  Majesty  the  King  of  Italy : 

M.  Guido  Fusinato,  Councillor  of  State,  Member  of  Parliament, 
ex-Minister  of  Public  Instruction,  Member  of  the  Permanent  Court 
of  Arbitration. 

His  Majesty  the  Emperor  of  Japan : 

Baron  Toshiatsu  Sakamoto,  Vice- Admiral,  Head  of  the  Depart- 
ment of  Naval  Instruction. 

M.  En j iro  Yamaza,  Councillor  of  the  Imperial  Embassy  at  London. 

Her  Majesty  the  Queen  of  the  Netherlands: 

His  Excellency  Jonkheer  J.  A.  Roell,  Aide-de-Camp  to  Her  Maj- 
esty the  Queen  in  Extraordinary  Service,  Vice-Admiral  retired,  ex- 
Minister  of  Marine. 

Jonkheer  L.  H.  Ruyssenaers,  Envoy  Extraordinary  and  Minster 
Plenipotentiary,  ex-Secretary-General  of  the  Permanent  Court  of 
Arbitration. 

His  Majesty  the  Emperor  of  all  the  Russias: 

Baron  Taube,  Doctor  of  Laws,  Councillor  to  the  Imperial  Ministry 
of  Foreign  Affairs,  Professor  of  International  Law  at  the  University 
of  St.  Petersburgh. 

Who,  after  having  communicated  their  full  powers,  found  to  be 
in  good  and  due  form,  have  agreed  to  make  the  present  Declara- 
tion : — 

Preliminary  Provision. 

The  Signatory  Powers  are  agreed  that  the  rules  contained  in  the 
following  Chapters  correspond  in  substance  with  the  generally  recog- 
nized principles  of  international  law. 

Chapter  I.  Blockade  in  time  of  war. 

Article  1. 

A  blockade  must  not  extend  beyond  the  ports  and  coasts  belonging 
to  or  occupied  by  the  enemy. 

Article  2. 

In  accordance  with  the  Declaration  of  Paris  of  1856,  a  blockade, 
in  order  to  be  binding,  must  be  effective, — that  is  to  say.  it  must  be 
maintained  by  a  force  sufficient  really  to  prevent  access  to  the  enemy 

coastline. 

Artici^  3. 

The  question  whether  a  blockade  is  effective  is  a  question  of  fact. 

Article  4. 

A  blockade  is  not  regarded  as  raised  if  the  blockading  force  is 
temporarily  withdrawn  on  account  of  stress  of  weather. 


270 

Article  5. 

A  blockade  must  be  applied  impartially  to  the  ships  of  all  nations. 

Article  6. 

The  Commander  of  a  blockading  force  may  give  permission  to  a 
warship  to  enter,  and  subsequent]}'  to  leave,  a  blockaded  port. 

Article  7. 

In  circumstances  of  distress,  acknoAvledged  by  an  officer  of  the 
blockading  force,  a  neutral  vessel  may  enter  a  place  under  blockade 
and  subsequently  leave  it,  provided  that  she  has  neither  discharged 
nor  shipped  any  cargo  there. 

Article  8. 

A  blockade,  in  order  to  be  binding,  must  be  declared  in  accordance 
with  Article  9,  and  notified  in  accordance  with  Articles  11  and  16. 

Article  9. 

A  declaration  of  blockade  is  made  either  by  the  blockading  Power 
or  by  the  naval  authorities  acting  in  its  name. 
It  specifies — 

(1)  The  date  when  the  blockade  begins; 

(2)  The  geographical  limits  of  the  coastline  under  blockade; 

(3)  The  period  within  which  neutral  vessels  may  come  out. 

Article  10. 

If  the  operations  of  the  blockading  Power,  or  of  the  naval  authori- 
ties acting  in  its  name,  do  not  tally  with  the  particulars,  which,  in 
accordance  with  Article  9  (1)  and  (2),  must  be  inserted  in  the  decla- 
ration of  blockade,  the  declaration  is  void,  and  a  new  declaration  is 
necessary  in  order  to  make  the  blockade  operative. 

Article  11. 

A  declaration  of  blockade  is  notified — 

(1)  To  neutral  Powers,  by  the  blockading  Power  by  means  of  a 
communication  addressed  to  the  Government  direct,  or  to  their  repre- 
sentatives accredited  to  it ; 

(2)  To  the  local  authorities,  by  the  officer  commanding  the  blockad- 
ing force.  The  local  authorities  will,  in  turn,  inform  the  foreign 
consular  officers  at  the  port  or  on  the  coastline  under  blockade  as 
soon  as  possible. 

Article  12. 

The  mles  as  to  declaration  and  notification  of  blockade  apply  to 
cases  where  the  limits  of  a  blockade  are  extended,  or  where  a  blockade 
is  re-established  after  having  been  raised. 


271 

Article  13. 

The  voluntary  raisinfr  of  a  blockade,  a?  also  any  restriction  in  the 
limits  of  a  blockade,  must  be  notified  in  the  manner  prescribed  by 
Article  11. 

Article  14. 

The  liability  of  a  neutral  vessel  to  capture  for  breach  of  block- 
ade is  contingent  on  her  knowledge,  actual  or  presumptive,  of  the 
blockade. 

Article  15. 

Failing  proof  to  the  contrary,  knowledge  of  the  blockade  is  pre- 
sumed if  the  vessel  left  a  neutral  port  subsequently  to  the  notification 
of  the  blockade  to  the  Power  to  which  such  port  belongs,  provided 
that  such  notification  was  made  in  sufficient  time. 

Article  16. 

If  a  vessel  approaching  a  blockaded  port  has  no  knowledge,  actual 
or  presumptive,  of  the  blockade,  the  notification  must  be  made  to  the 
vessel  itself  by  an  officer  of  one  of  the  ships  of  the  blockading  force. 
This  notification  should  be  entered  in  the  vessel's  logbook,  and  must 
state  the  day  and  hour,  and  the  geographical  position  of  the  vessel  at 
the  time. 

If,  through  the  negligence  of  the  officer  commanding  the  l)lockad- 
ing  force,  no  declaration  of  blockade  has  been  notified  to  tlie  local 
authorities,  or,  if  in  the  declaration,  as  notified,  Jio  period  has  been 
mentioned  within  which  neutral  vessels  may  come  oirt,  a  neutral 
vessel  coming  out  of  the  blockaded  port  must  be  allowed  to  pass  free. 

Article  17. 

Neutral  vessels  may  not  be  captured  for  breach  of  blockade  except 
within  the  area  of  operations  of  the  warships  detailed  to  render  the 
blockade  effective. 

Akticle  18. 

The  blockading  forces  must  not  bar  accCvSS  to  neutral  ports  or 
coasts. 

Article  19. 

Whatever  may  be  the  ulterior  destination  of  a  vessel  or  of  her 
carco,  she  cannot  be  captured  for  breach  of  blockade,  if,  at  the  mo- 
ment, she  is  on  her  way  to  a  non-blockaded  port. 

AirncLE  20. 

A  vessel  which  has  broken  blockade  outwards,  or  which  has  at- 
tempted to  break  blockade  iiiwr.rds.  is  liable  to  capture  so  lonir  as  she 
is  pursued  by  a  ship  of  the  l)l()ckading  force.  If  the  pui*suit  is  aban- 
doned, or  it  the  blockade  is  rai.sed,  her  capture  can  no  longer  be 
effected. 


272 
Article  21. 

A  vessel  found  guilty  of  breach  of  blockade  is  liable  to  condemna- 
tion. The  cargo  is  also  condemned,  unless  it  is  proved  that  at  the 
time  of  the  shipment  of  the  goods  the  shipper  neither  knew  nor  could 
have  known  of  the  intention  to  break  the  blockade. 

Chapter  II. — contraband  of  war. 

Article  22. 

The  following  articles  may,  without  notice,"  be  treated  as  contra- 
band of  war^  under  the  name  of  absolute  contraband : — 

(1)  Arms  of  all  kinds,  including  arms  for  sporting  purposes,  and 
their  distinctive  component  parts. 

(2)  Projectiles,  charges,  and  cartridges  of  all  kinds,  and  their  dis- 
tinctive component  parts. 

(3)  Powder  and  explosives  specially  prepared  for  use  in  war. 

(4)  Gun-mountings,  limber  boxes,  limbers,  military  waggons,  field 
forges,  and  their  distinctive  component  parts. 

(5)  Clothing  and  equipment  of  a  distinctively  military  character. 

(6)  All  kinds  of  harness  of  a  distinctively  military  character. 

(7)  Saddle,  draught,  and  pack  animals  suitable  for  use  in  war. 

(8)  Articles  of  camp  equipment,  and  their  distinctive  component 
parts. 

(9)  Armour  plates. 

(10)  Warships,  including  boats,  and  their  distinctive  component 
parts  of  such  a  nature  that  they  can  only  be  used  on  a  vessel  of  war. 

(11)  Implements  and  apparatus  designed  exclusively  for  the 
manufacture  of  munitions  of  war,  for  the  manufacture  or  repair  of 
arms,  or  war  material  for  use  on  land  or  sea. 

Article  23. 

Articles  exclusively  used  for  war  may  be  added  to  the  list  of  abso- 
lute contraband  by  a  declaration,  which  must  be  notified. 

Such  notification  must  be  addressed  to  the  Governments  of  other 
Powers,  or  to  their  representatives  accredited  to  the  Power  making 
the  declaration.  A  notification  made  after  the  outbreak  of  hostili- 
ties is  addressed  only  to  neutral  Powers. 

Article  24. 

The  following  articles,  susceptible  of  use  in  war  as  well  as  for 
purposes  of  peace,  may,  without  notice,^  be  treated  as  contraband  of 
war,  under  the  name  of  conditional  contraband : — 

(1)  Foodstuffs. 

(2)  Forage  and  grain,  suitable  for  feeding  animals. 

« In  view  of  the  difficulty  of  finding  an  exact  equivalent  in  English  for  the 
expression  "  de  plein  druit,"  it  has  been  decided  to  translate  it  by  the  words 
"  without  notice,"  which  represent  the  meaning  attached  to  it  by  the  draftsman 
as  appears  from  the  General  Report  (see  p.  44). 

*  See  note  on  Article  22. 


273 

(3)  Clothing,  fabrics  tor  clothing,  and  boots  and  shoes,  suitable 
for  use  in  war. 

^4)  Gold  and  silver  in  coin  or  bullion;  paper  money. 

(5)  Vehicles  of  all  kinds  available  for  use  in  war,  and  their  com- 
ponent parts. 

(G)  Vessels,  craft,  and  boats  of  all  kinds;  floating  docks,  parts  of 
docks  and  their  component  parts. 

(7)  Kailway  material,  both  fixed  and  rolling-stock,  and  material 
for  telegraphs,  wireless  telegraphs,  and  telephones. 

(8)  Balloons  and  flying  machines  and  their  distinctive  component 
parts,  together  with  accessories  and  articles  recognizable  as  intended 
for  use  in  connection  with  balloons  and  flying  machines. 

^9)   Fuel;  lubricants. 

(10)  Powder  and  explosives  not  specially  prepared  for  use  in  war. 

(11)  Barbed  wire  and  implements  for  fixing  and  cutting  the  same. 

(12)  Horseshoes  and  shoeing  materials. 

(13)  Harness  and  saddlery. 

(14)  Field  Glasses,  telescopes,  chronometers,  and  all  kinds  of  nau- 
tical instruments. 

Article  25. 

Articles  susceptible  of  use  in  war  as  well  as  for  purposes  of  peace, 
other  than  those  enumerated  in  Articles  22  and  24,  may  be  added  to 
<he  list  of  conditional  contraband  by  a  declaration,  which  must  be 
notified  in  the  manner  provided  for  in  the  second  paragraph  of 
Article  23. 

Article  26. 

If  a  Power  waives,  so  far  as  it  is  concerned,  the  right  to  treat  as 
contraband  of  war  an  article  comprised  in  any  of  the  classes  enumer- 
ated in  Articles  22  and  24,  such  intention  shall  be  announced  by  a 
declaration,  which  must  be  notified  in  the  manner  provided  for  in 
the  second  paragraph  of  Article  23. 

Article  27. 

Articles  which  are  not  susceptible  of  use  in  war  may  not  be  de- 
clared contraband  of  war. 

Article  28. 

The  following  may  not  be  declared  contraband  of  war: — 
(1)   Raw  cotton,  wool,  silk,  jute,  flax,  hemp,  and  other  raw  ma- 
terials of  the  textile  industries,  and  yarns  of  the  same. 
'2)   Oil  seeds  and  nuts;  copra. 
3)   Rubber,  resins,  gums,  and  lacs;  hops. 

(4)  Raw  hides  and  horns,  bones  and  ivory. 

(5)  Natural  and  artificial  manures,  including  nitrates  and  phos- 
phates for  agricultural  purposes. 

(6)  Metallic  ores. 

(7)  Earths,  clays,  lime,  chalk,  stone,  including  marble,  bricks, 
slates,  and  tiles. 

(8)  Chinaware  and  glass. 

(9)  Paper  and  paper-making  materials. 


274 

(10)  Soap,  paint  and  colours,  including  articles  exclusiv<ily  used 
in  their  manuracture,  and  varnish, 

(11)  Bleaching  powder,  soda  ash,  caustic  soda,  salt  cake,  am- 
monia, sulphate  of  amnK)nia,  and  sulphate  of  copper. 

12)  xVgricultural,  mining,  textile,  and  printing  machinery. 

13)  Precious  and  semi-precious  stones,  pearls,  mother-of-pearl, 
and  coral. 

(14)  Clocks  and  watches,  other  than  chronometers. 

(15)  Fashion  and  fancy  goods. 

(16)  Feathers  of  all  kinds,  hairs,  and  bristles, 

(17)  Articles  of  household  furniture  and  decoration;  office  fur- 
niture and  requisites. 

Article  29. 

Likewise  the  following  may  not  be  treated  as  contraband  of  war: 

(1)  Articles  serving  exclusively  to  aid  the  sick  and  wounded. 
They  can.  however,  in  case  of  urgent  military  necessity  and  subject  to 
the  payment  of  compensation,  be  requisitioned,  if  their  destination  is 
that  specified  in  Article  30. 

(2)  Articles  intended  for  the  use  of  the  vessel  in  which  they  are 
found,  as  well  as  those  intended  for  the  use  of  her  crew  and  passen- 
gers during  the  voyage. 

Article  30. 

Absolute  contraband  is  liable  to  capture  if  it  is  shown  to  be  des- 
tined to  territory  belonging  to  or  occupied  by  the  enemy,  or  to  the 
armed  forces  of  the  enem3^  It  is  immaterial  whether  the  carriage 
of  the  goods  is  direct  or  entails  transshipment  or  a  subsequent  trans- 
port by  land. 

Article  31. 

Proof  of  the  destination  specified  in  Article  30  is  complete  in  the 
following  cases: — 

(1)  When  the  goods  are  documented  for  discharge  in  an  enemy 
port,  or  for  delivery  to  the  armed  forces  of  the  enemy. 

(2)  "When  the  vessel  is  to  call  at  enemy  ports  only,  or  when  she  is 
to  touch  at  an  enemy  port  or  meet  the  armed  forces  of  the  enemy 
before  reaching  the  neutral  port  for  which  the  goods  in  question 
are  documented. 

Article  32. 

Where  a  vessel  is  carrying  absolute  contraband,  her  papers  are 
conclusive  proof  as  to  the  voyage  on  which  she  is  engaged,  unless 
she  is  found  clearly  out  of  the  course  indicated  by  her  papers  and 
unable  to  give  adequate  reasons  to  justify  such  deviation. 

Article  33. 

Conditional  contraband  is  liable  to  capture  if  it  is  shown  to  be 
destined  for  the  use  of  the  armed  forces  or  of  a  government  depart- 
ment of  the  enemy  State,  unless  in  this  latter  case  the  circumstances 
show  that  the  goods  cannot  in  fact  be  used  for  the  purposes  of  the 


275 

war  in  pro*;ress.     This  latter  exception  does  not  apply  to  a  consigri- 
ment  coming  under  Article  24  (4). 

Article  34. 

The  destination  referred  to  in  Article  33  is  presumed  to  exist  if 
the  goods  are  consigned  to  enemy  authorities,  or  to  a  contractor 
established  in  the  enemy  country  who,  as  a  matter  of  common 
knowledge,  supplies  articles  of  this  kind  to  the  enemv.  A  similar 
presumption  arises  if  the  goods  are  consigned  to  a  lortified  j)lace 
belonging  to  the  enemy,  or  other  place  serving  as  a  base  for  the  armed 
forces  of  the  enemy.  No  such  presumption,  however,  arises  in  the 
case  of  a  merchant  vessel  bound  toi'  one  of  these  places  if  it  is  sought 
to  i^rove  that  she  herself  is  contraband. 

In  cases  where  the  above  presumptions  do  not  arise,  the  destination 
is  j)resumed  to  be  innocent. 

The  presumptions  set  up  by  this  Article  may  be  rebutted. 

Article  35. 

Conditional  contraband  is  not  liable  to  capture,  except  when  found 
on  board  a  vessel  bound  for  territory  belonging  to  or  occujjied  by  the 
enemy,  or  for  the  armed  forces  of  the  enemy,  and  when  it  is  not  to 
be  discharged  in  an  intervening  neutral  port. 

The  ship's  papers  are  conclusive  proof  both  as  to  th^  voyage  on 
which  the  vessel  is  engaged  and  as  to  the  port  of  discharge  of  the 
goods,  unless  she  is  found  clearly  out  of  the  course  indicated  by  her 
papers,  and  unable  to  give  adequate  reasons  to  justify  such  deviation. 

Article  36. 

Notwithstanding  the  provisions  of  Article  35,  conditional  contra- 
band, if  shown  to  have  the  destination  referred  to  in  Article  33.  is 
liable  to  capture  in  cases  where  the  enemy  country  has  no  seaboard. 

Article  37. 

A  vessel  carrying  goods  liable  to  cajiture  as  absolute  or  conditional 
contraband  may  be  captured  on  the  high  seas  or  in  the  territorial 
waters  of  the  l>elligercnts  thi-ougliout  the  whole  of  her  voyage,  even 
if  she  is  to  touch  at  a  port  of  call  l>efore  reaching  the  hostile 
destination. 

Article  38. 

A  vessel  uiay  not  Ix'  caplurcd  <»ii  (lio  ground  that  she  has  carried 
contraband  on  a  previous  occasion  if  such  carriage  is  in  point  of  fact 
at  an  end. 

Ahticle  39. 

Contraband  goods  :ire  liable  to  condemnation. 
70844°— S.  Doc.  ICMW,  62-3 19 


276 

Article  40. 

A  vessel  carnnng  contraband  may  be  condemned  if  the  contraband, 
reckoned  either  by  vahie,  weight,  volume,  or  fi-eight,  forms  more 
than  half  the  cargo. 

Article  41. 

If  a  vessel  carrying  contraband  is  released,  she  may  be  condemned 
to  pay  the  costs  and  expenses  incurred  by  the  captor  in  respect  of 
the  proceedings  in  the  national  prize  court  and  the  custody  of  the 
ship  and  cargo  during  the  proceedings. 

Article  42. 

Goods  which  belong  to  the  owner  of  the  contraband  and  are  on 
board  the  same  vessel  are  liable  to  condemnation. 

Article  43. 

If  a  vessel  is  encountered  at  sea  while  unaware  of  the  outbreak 
of  hostilities  or  of  the  declaration  of  contraband  which  applies  to  her 
cargo,  the  contraband  cannot  be  condemned  except  on  payment  of 
compensation ;  the  vessel  herself  and  the  remainder  of  the  cargo  are 
not  liable  to  condemnation  or  to  the  costs  and  expenses  referred  to 
in  Article  41.  The  same  rule  applies  if  the  master,  after  becoming 
aware  of  the  outbreak  of  hostilities,  or  of  the  declaration  of  contra- 
band, has  had  no  opportunity  of  discharging  the  contraband. 

A  vessel  is  deemed  to  be  aware  of  the  existence  of  a  state  of  war. 
or  of  a  declaration  of  contraband,  if  she  left  a  neutral  port  subse- 
quently to  the  notification  to  the  Power  to  which  such  port  belongs 
of  the  outbreak  of  hostilities  or  of  the  declaration  of  contraband 
respectiveh',  provided  that  such  notification  was  made  in  sufficient 
time.  A  vessel  is  also  deemed  to  be  aware  of  the  existence  of  a  state 
of  war  if  she  left  an  enemy  port  after  the  outbreak  of  hostilities. 

Article  44. 

A  vessel  which  has  been  stopped  on  the  ground  that  she  is  carry- 
ing contraband,  and  which  is  not  liable  to  condemnation  on  account 
of  the  proportion  of  contraband  on  board,  may,  when  the  circum- 
stances permit,  be  allowed  to  continue  her  voyage  if  the  master  is 
willing  to  hand  over  the  contraband  to  the  belligerent  warship. 

The  delivery  of  the  contraband  must  be  entered  by  the  captor  on 
the  logbook  ot  the  vessel  stopped  and  the  master  must  give  the  captor 
duly  certified  copies  of  all  relevant  papers. 

The  captor  is  at  liberty  to  destroy  the  contraband  that  has  been 
handed  over  to  him  under  these  conditions. 

Chapter  III. — Unneutral  service. 
Article  45. 

A  neutral  vessel  will  be  condemned  and  will,  in  a  general  way.  re- 
ceive the  same  treatment  as  a  neutral  vessel  liable  to  condemnation 
for  carriage  of  contraband : — 

(1)  If  she  is  on  a  voyage  specially  undertaken  with  a  view  to  the 
transport  of  individual  passegners  who  are  embodied  in  the  armed 


277 

forces  of  the  enemy,  or  with  a  view  to  the  transmission  of  intelli- 
gence in  the  interest  of  the  enemy. 

(•2)  If,  to  the  knowledge  of  either  the  owner,  the  charterer,  or  the 
master,  she  is  transport in<^  a  military  detachment  of  the  enemy,  or 
one  or  more  persons  who,  in  tiie  course  of  the  voyage,  directly  assist 
the  operations  of  the  enemy. 

In  tlie  cases  specified  under  the  above  heads,  goods  belonging  to 
the  owner  of  the  vessel  are  likewise  liable  to  condemnation. 

The  provisions  of  tiie  present  Article  do  not  apply  if  the  vessel  is 
encoiinlored  at  sea  while  unaware  of  the  outbreak  of  liostilities,  or  if 
the  master,  after  becoming  awace  of  the  outbreak  of  hostilities,  has 
had  no  opportunity  of  disembarking  the  passengers.  The  vessel  is 
deemed  to  be  aware  of  the  exi.stence  of  a  .state  of  war  if  she  left  an 
eiK'my  port  subseciucntly  to  the  outbreak  of  hostilities,  or  a  neutral 
port  subsequently  to  the  notiHcation  of  the  outbreak  of  hostilities  to 
the  Power  to  which  such  port  belongs,  provided  that  such  notiiica- 
tion  was  made  in  sufficient  time. 

Article  46. 

A  neutral  vessel  will  be  condemned  and,  in  a  general  way.  receive 
the  same  treatment  as  would  be  applicable  to  her  if  she  were  an 
enemy  merchant  vessel: 

(1)  If  she  takes  a  direct  part  in  the  hostilities; 

{'2)  If  she  is  under  the  orders  or  control  of  an  agent  placed  on 
board  by  the  enemy  Government; 

(?>)  If  she  is  in  the  exclusive  employment  of  the  enemy  Govern- 
ment; 

(4)  If  she  is  exclusively  engaged  at  the  time  either  in  the  transport 
of  enemy  troops  or  in  the  transmission  of  intelligence  in  the  interest 
of  the  enemy. 

In  the  cases  covered  by  the  present  Article,  goods  belonging  to  the 
owner  of  the  vessel  are  likewise  liable  to  condemnation. 

Article  47. 

Any  individual  embodied  in  the  armed  forces  of  the  enemy  who  is 
found  on  board  a  neutral  merciiant  vessel,  ma}'  be  made  a  prisoner 
of  war,  even  though  tiierc  be  no  ground  for  the  capture  of  the  vessel. 

Chapter  IV. — Destruction  of  neutral  prizes. 

Article  48. 

A  neutral  vessel  which  lias  been  caj^tured  may  not  be  dest roved  by 
the  captor;  she  must  ije  taken  into  such  port  as  is  proper  ^or  the 
determination  there  of  all  questions  concerning  the  validity  of  the 
capture. 

Article  49. 

As  an  exception,  a  neutral  vessel  which  has  been  captured  by  a 
belligerent  warship,  and  which  would  be  liable  to  condemnation, 
may  be  destroyed  if  the  observance  of  Article  48  would  involve 
danger  to  the  i-afety  of  the  warship  or  to  the  success  of  the  opera- 
tions in  which  she  is  engaged  at  the  time. 


278 

Article  50. 

Before  the  vessel  is  destroyed  all  persons  on  board  must  be  placed 
ill  safety,  and  all  the  ship's  papers  and  other  documents  which  the 
parties  interested  consider  relevant  for  the  purpose  of  deciding  on 
the  validity  of  the  capture  must  be  taken  on  board  the  warship. 

Article  51. 

A  captor  who  has  destroyed  a  neutral  vessel  must,  prior  to  any 
decision  respecting  the  valiility  of  the  prize,  establish  that  he  only 
acted  in  the  face  of  an  exceptional  necessity  of  the  nature  contem- 
plated in  Article  49.  If  he  fails  to  do  this,  he  must  compensate  the 
parties  interested  and  no  examination  shall  be  made  of  the  question 
whether  the  capture  was  valid  or  not. 

Article  52. 

If  the  capture  of  a  neutral  vessel  is  subsequently  held  to  be  invalid, 
though  the  act  of  destruction  has  been  held  to  have  been  justifiiible, 
the  captor  must  })ay  compensation  to  the  parties  interested,  in  place 
of  the  restitution  to  which  they  would  have  been  entitled. 

Article  53. 

If  neutral  sroods  not  liable  to  condemnation  have  been  destrcved 
with  the  vessel,  the  owner  of  such  goods  is  entitled  to  compensation. 

Article  54. 

The  captor  has  the  right  to  demand  the  handing  over,  or  to  pro- 
ceed himself  to  the  destruction  of,  any  goods  liable  to  condemnation 
found  on  board  a  vessel  not  herself  liable  to  condemnation.  i)rovi(led 
that  the  circumstances  are  such  as  would,  under  Article  49,  justify 
the  destruction  of  a  vessel  herself  liable  to  condemnation.  The  cap- 
tor must  enter  the  goods  surrendered  or  destroyed  in  the  logbook  of 
the  vessel  stopped,  and  must  obtain  duly  certified  copies  of  all  rele- 
vant papers.  When  the  goods  hav'e  been  handed  over  or  destroyed, 
and  the  formalities  duly  carried  out,  the  master  must  be  allowed  to 
continue  his  voyage. 

The  provisions  of  Articles  51  and  52  respecting  the  obligations  of 
a  captor  who  has  destroyed  a  neutral  vessel  are  applicable. 

Chapter  V. — TRA^"S^ER  to  a  keutral  flao. 

Article  55. 

The  transfer  of  an  enemy  vessel  to  a  neutral  flag,  effected  before 
the  outbreak  of  hostilities,  is  valid,  unless  it  is  proved  that  such 
transfer  was  made  in  order  to  evade  the  consequences  to  which  an 
enemy  vessel,  as  such,  is  exposed.  There  is,  however,  a  presumption, 
if  the  bill  of  sale  is  not  on  board  a  vessel  which  has  lost  her  bel- 
ligerent nationality  less  than  sixty  days  before  the  outbreak  of  hos- 
tilities, that  the  transfer  is  void.     This  presumption  may  be  rebutted. 


279 

"^^Hioro  the  transfer  was  effected  more  than  thirty  days  before  the 
onthrenlv  of  hostilities,  there  is  an  absohite  presumption  that  it  is 
valid  if  it  is  unconditional,  coni})lete,  and  in  conformity  with  the 
laws  of  the  countries  concerned,  and  if  its  effect  is  such  that  neither 
the  control  of,  nor  the  profits  arisinu:  from  the  emi)loym('nt  of,  the 
vessel  remain  in  the  same  hands  as  before  the  transfer.  If,  however, 
the  vessel  lost  her  bellip:erent  nationality  less  than  sixty  days  before 
the  outbreak  of  hostilities  and  if  the  bill  of  sale  is  not  on  board,  tlie 
capture  of  the  vessel  gives  no  rifjlit  to  damaf^es. 

Article  56. 

The  transfer  of  an  enemy  vessel  to  a  neutral  flag  effected  after  the 
outbreak  of  hostilities,  is  void  unless  it  is  proved  that  such  transfer 
was  not  made  in  order  to  evade  the  consequences  to  which  an  enemy 
vessel,  as  such,  is  exposed. 

There.  hoNvever,  is  an  absolute  presumption  that  a  transfer  is  void: 

(1)  If  the  transfer  has  Ix^en  made  during  a  voyage  or  in  a  block- 
aded port, 

(2)  If  a  right  to  repurchase  or  recover  the  vessel  is  reserved  to 
the  vendor. 

(3)  If  the  requirements  of  the  municipal  law  governing  the  right 
to  fly  the  flag  under  which  the  vessel  is  sailing,  have  not  been  ful- 
filled. 

Chapter  VI. — Enemy  character. 
Article  57. 

Subject  to  the  provisions  respecting  transfer  to  another  flag,  the 
neutral  or  enemy  character  of  a  vessel  is  determined  by  the  flag 
which  she  is  entitled  to  fly. 

The  case  where  a  neutral  vessel  is  engaged  in  a  trade  which  is 
closed  in  time  of  peace,  remains  outside  the  scope  of,  and  is  in  no 
wise  affected  by,  this  rule. 

Article  58. 

The  neutral  or  enemy  character  of  goods  found  on  board  an  enemy 
vessel  is  determiiunl  by  the  neutral  or  enemy  character  of  the  owner. 

Article  59. 

In  the  absence  of  proof  of  the  neutral  character  of  goods  found  on 
board  an  enemy  vessel,  they  are  presumed  to  be  enemy  goods. 

Article  00. 

Enemy  goods  on  board  an  enemy  vessel  retain  their  enemy  char- 
Kcter  until  they  reach  their  destination,  notwithstantling  any  trans- 
fer effected  after  the  outlueak"  of  hostilities  while  the  goods  are  being 
forwarded. 

If,  however,  prior  to  the  capture,  a  former  neutral  owner  exercises, 
on  the  bankrujitcy  of  an  existing  enemy  owner,  a  recognized  legal 
right  to  recover  the  goods,  they  regain  theii-  neutral  character. 


280 

Chapter  VIT. — Convoy. 

Article  61. 

Neutral  vessels  under  national  convoy  are  exempt  from  search. 
The  connnander  of  a  convoy  gives,  in  ^v^iting,  at  the  request  of  the 
commander  of  a  belligerent  warship,  all  information  as  to  the  char- 
acter of  the  vessels  and  their  cargoes,  which  could  be  obtained  by 
search. 

Abticle  62. 

If  the  commander  of  the  belligerent  warship  has  reason  to  suspect 
that  the  confidence  of  the  commander  of  the  convoy  has  been  abused, 
he  communicates  his  suspicions  to  him.  In  such  a  case  it  is  for  the 
commander  of  the  convoy  alone  to  investigate  the  matter.  He  must 
record  the  result  of  such  investigation  in  a  report,  of  which  a  copy 
is  handed  to  the  officer  of  the  warship.  If,  in  the  opinion  of  the  com- 
mander of  the  convoy,  the  facts  shown  in  the  report  justify  the 
capture  of  one  or  more  vessels,  the  protection  of  the  convoy  must  be 
withdrawn  from  such  vessels. 

Chapter  VIII. — Resistance  to  search. 

Akticle  63. 

Forcible  resistance  to  the  legitimate  exercise  of  the  right  of  stop- 
page, search,  and  capture,  involves  in  all  cases  the  condemnation  of 
the  vessel.  The  cargo  is  liable  to  the  same  treatment  as  the  cargo  of 
an  enemy  vessel.  Goods  belonging  to  the  master  or  owner  of  tiie 
vessel  are  treated  as  enemy  goods. 

Chapter  IX. — Compensation. 

Article  64. 

If  the  capture  of  a  vessel  or  of  goods  is  not  upheld  by  the  prize 
court,  or  if  the  prize  is  released  without  any  judgment  being  given, 
the  parties  interested  have  the  right  to  compensation,  unless  there 
were  good  reasons  for  capturing  the  vessel  or  goods. 

Final  Provisions. 

Akticle  65. 

The  provisions  of  the  present  Declaration  must  be  treated  as  a 
whole,  and  cannot  be  separated. 

Article  66. 

The  Signatory  Powers  undertake  to  insure  the  mutual  observance 
of  the  rules  contained  in  the  present  Declaration  in  any  war  in  which 
all  the  belligerents  are  parties  thereto.  They  will  therefore  issue  the 
necessary  instructions  to  their  authorities  and  to  their  armed  forces, 


281 

and  will  take  such  measures  as  may  be  required  in  order  to  insure 
that  it  will  be  applied  by  their  courts,  and  more  particularly  by  their 
prize  courts. 

Article  67. 

The  present  Declaration  shall  be  ratified  as  soon  as  possible. 

The  ratifications  shall  be  deposited  in  London. 

The  first  deposit  of  ratifications  shall  be  recorded  in  a  Protocol 
signed  bv  the  Kepresentatives  of  the  Powers  takin<^  part  tliorein,  and 
by  His  Britannic  Majesty's  Principal  Secretary  ot  State  for  Forei<^n 
AlTairs. 

The  subsequent  deposits  of  ratifications  sluill  be  made  by  means  of 
a  written  notification  addressed  to  the  liritish  Government,  and 
accompanied  by  the  instrument  of  ratification. 

A  duly  certified  copy  of  the  Protocol  relating  to  the  first  deposit 
of  ratifications,  and  of  the  notifications  mentioned  in  tlie  i)rcceding 
paragraph  as  well  as  of  the  instruments  of  ratification  which  accom- 
pany them,  sliall  be  immediately  sent  by  the  British  Government, 
through  the  diplonuitic  channel,  to  the  Signatory  Powers,  The  said 
Government  shall,  in  the  cases  contemplated  in  the  preceding  para- 
graph, inform  them  at  the  same  time  oi  the  date  on  which  it  received 
the  notification. 

Article  68. 

The  present  Declaration  shall  take  eflfect,  in  the  case  of  the  Powers 
which  were  parties  to  the  first  deposit  of  ratifications,  sixty  days 
after  the  date  of  the  Protocol  recording  such  deposit,  and,  in  the 
case  of  the  Powers  which  shall  ratify'  subsequently,  sixt}^  days  after 
the  notification  of  their  ratification  shall  have  been  received  by  the 
British  Government. 

Article  69. 

In  the  event  of  one  of  the  Signatory  Powers  wishing  to  denounce 
the  present  Declaration,  such  denunciation  can  only  be  made  to  lake 
effect  at  the  end  of  a  period  of  twelve  years,  beginning  sixty  days 
after  the  first  deposit  of  ratifications,  and,  after  that  time,  at  the  end 
of  successive  periods  of  six  years,  of  which  the  first  will  begin  at 
the  end  of  the  period  of  twelve  years. 

Such  denunciation  must  be  notified  in  writing,  at  least  one  year 
in  advance,  to  the  British  Government,  which  shall  inform  all  the 
other  Powers. 

It  will  only  operate  in  respect  of  the  denouncing  Power. 

Article  70. 

The  Powers  represented  at  the  London  Naval  Conference  attach 
particular  importance  to  the  general  recognition  of  the  rules  which 
they  have  adopted,  and  therefore  express  the  hope  that  tlie  Powers 
which  were  not  represented  there  will  accede  to  the  present  Declara- 
tion.   They  request  the  British  Government  to  invite  them  to  do  so. 

A  Power  which  desires  to  accede  shall  notify  its  intention  in 
writing  to  the  British  Government,  and  transmit  simultaneously  the 


282 

act  of  accession,  which  will  be  deposited  in  the  archives  of  the  said 
Government. 

The  said  Government  shall  forthwith  transmit  to  all  the  other 
Powers  a  duly  certified  copy  of  the  notification,  together  with  the 
act  of  accession,  and  communicate  the  date  on  which  such  notification 
was  received.     The  accession  takes  effect  sixty  days  after  such  date. 

In  respect  of  all  matters  concerning  this  Declaration,  acceding 
Powers  shall  be  on  the  same  footing  as  the  Signatory  Powers. 

Article  71. 

The  present  Declaration,  which  bears  the  date  of  the  26th  Febru- 
ary, 190i),  may  be  signed  in  London  up  till  the  30th  June,  1909, 
by  the  Plenipotentiaries  of  the  Powers  represented  at  the  Naval 
Conference. 

In  faith  whereof  the  Plenipotentiaries  have  signed  the  present 
Declaration,  and  have  thereto  affixed  their  seals. 

Done  at  London,  the  twenty-sixth  day  of  February,  one  thousand 
nine  hundred  and  nine,  in  a  single  original,  which  shall  remain 
deposited  in  the  archives  of  the  British  Government,  and  of  which 
duly  certified  copies  shall  be  sent  through  the  diplomatic  channel  to 
the  Powers  represented  at  the  Naval  Conference. 

(Here  follow  the  signatures.) 

List  of  signatures  appended  to  the  Declaration  of  February  26,  1909,  up  to 

March  20,  1909.<^ 


For  Germany: 

For  the  United  States  of  America : 

For  Austria-Hungary: 
For  France: 
For  Great  Britain: 
For  the  Netherlands: 


Kbiege. 

C.  H.  Stockton. 

Gkorge  Grafton  Wilson. 

C   DUMBA. 

L.  Renault. 

Desart. 

J.  A.  Roell. 

L.    H.    Ruyssenaers. 


No.  18. 


GENERAL    REPORT    PRESENTED    TO    THE    NAVAL    CONFERENCE    ON 
BEHALF  OF  ITS  DRAFTING  COMMITTEES 

[Translation.]  « 

On  the  27th  February,  1908,  the  British  Government  addressed  a 
circular  to  various  powers  inviting  them  to  meet  at  a  conference  with 
the  object  of  reaching  an  agreement  as  to  the  definition  of  the  gener- 

«  Notification  subsequently  given  of  the  signatures  of  the  declaration:  Spain, 
Italy,  Russia,  Japan. 

''This  committee  consists  of  Messrs.  Kriege  (Germany),  Wilson  (United 
States  of  America),  Dnnibii  (Anstria-IInngary),  Estrada  (Spain),  Renault 
(France),  Reporter,  Ilurst  (Groat  Uritniii).  Ricci-r.us;U1i  (Italy),  Sakamoto 
(Japan),  Ruyssenaers  (Netherlands),  Baron  Taube  (Russia). 

c  For  the  original  French  text  of  the  report  see  Parliamentary  Paper 
cellaneous  No. 


Mis- 


5  (1909),"  p.  344. 


283 

ally  roroofnized  principles  of  inl<'rnaf ioiial  law  in  Uie  ^^onso  of  article 
7,  paragraph  2,  of  the  convention  si^^ned  at  'i'he  llaginie  on  the  18th 
()ct()l)er,  11)07,  for  the  establishment  of  an  international  prize  court. 
"^rhis  agreeiiieni  appeared  neccssai'v  to  the  lii'ilisli  (lONcrnment  on 
account  of  certain  diver<j:ences  of  view  wiiich  had  i)ec()iiie  appaient 
at  the  second  peace  conference  in  connection  with  the  settlement  of 
various  important  questions  of  international  maritime  law  in  time 
of  war.  The  existence  of  these  diverjj^ent  views  might,  it  seemed, 
rentier  dillicult  the  acceptance  of  the  internal ioiuil  [)rize  court,  as 
the  power  of  this  court  would  be  the  more  extended  in  proportion 
as  the  rules  to  be  applied  by  it  were  more  uncertain. 

The  liiitish  (Tovernment  suggested  that  the  following  questions 
might  form  the  program  of  the  proposed  conference,  and  invite<l 
the  powers  to  express  their  views  regarding  them  in  preparatory 
memoranda : 

(a)  Cou{v:\h:\n(\.  incliidiiiL;  the  circumstances  uiidpr  whicli  particular  artiflos 
can  be  ciinsicUM-ed  as  contrMlmnd  :  the  penaUiesfor  their  ciirriaf^e:  the  iinniuiiity 
of  a  siiii>  from  search  when  inider  convoy;  and  the  rules  with  re;:ard  to  compen- 
sation where  vessels  have  been  seized,  but  have  been  found  in  fact  only  to  be 
carrying  innocent  cargo. 

{h)  Hlockade,  including  the  questions  as  to  the  locality  where  seizure  can  be 
effected,  and  the  notice  that  is  necessjiry  before  a  ship  can  be  seized. 

(c)  The  doctrine  of  continuous  voyage  in  respect  both  of  contraband  and  of 
blockade. 

(d)  The  legality  of  the  destruction  of  neutral  vessels  prior  to  their  condemna- 
tion by  a  prize  court. 

(e)  The  rules  as  to  neutral  ships  or  persons  rendering  "unneutral  service" 
("assistance  hostile"). 

(/)  The  legality  of  the  conversion  of  a  merchant  vessel  into  a  warship  on  the 
high  seas. 

(g)  The  rules  as  to  the  transfer  of  merchant  vessels  from  a  belligerent  to  a 
neutral  tlag  during  or  in  conteniplatiou  of  hostilities. 

(/()  The  question  whether  the  nationality  or  the  domicile  of  the  owner  should 
be  adopte<l  as  the  dominant  factor  in  deciding  whether  property  is  enemv 
property. 

The  invitations  were  accepted,  and  the  conference  met  on  the  4th 
December  last.  The  British  Government  had  been  so  good  as  to 
assist  its  deliberations  by  presenting  a  collection  of  pajjers  wdiich 
quickly  became  known  among  us  by  the  name  of  the  Ked  Book,  and 
which,  after  a  .short  introduction,  contains  a  "statement  of  the  views 
exj^ressed  by  the  powers  in  their  memoranda,  and  observations 
intemled  to  serve  as  a  basis  for  the  deliberations  of  tlie  conference.""' 
These  are  the  "bases  of  discussion"  which  served  as  a  starting  point 
for  the  examination  of  the  chief  questions  of  exi-sting  international 
maritime  law.  The  conference  could  not  but  express  its  gratitude 
for  this  \  aluable  })repaiatory  work,  which  was  of  great  assistance  to 
it.  It  made  it  possible  to  observe,  in  the  first  place,  that  the  diver- 
gences in  the  practices  and  doctrines  of  the  ditferent  countries  were 
perhaps  less  wide  than  was  generally  l)elieved,  that  the  es.sential  ideas 
were  often  the  same  in  all  countries,  and  that  the  metluuls  of  applica- 
tion alone  varied  with  traditions  or  prejudices,  with  permanent  or 
accidental  interests.  It  was  therefore  i)ossible  to  extract  a  common 
element  which  it  could  lie  agreed  to  recommend  for  uniform  appli- 
cation. This  is  the  end  to  which  the  elTorts  of  the  ditferent  delega- 
tions tended,  and  they  vied  with  one  another  in  their  zeal  in  the 
search  for  the  grounds  of  a  common  miderstan<ling.  Tlieir  effort.s 
were  strenuous,  as  is  shown  by  the  prolonged  discussions  of  the  con- 


284 

ference,  the  grand  committee,  and  the  examining  committees,  and 
by  the  numerous  propo.-als  which  were  presented.  Sailors,  diplo- 
matists, and  jurists  cordially  cooperated  in  a  work  the  description  of 
which,  rather  than  a  final  estimate  of  its  essential  value,  is  the  object 
of  this  report,  as  our  imi)artiality  might  naturally  be  suspected. 

The  body  of  rules  contained  in  the  declaration,  which  is  the  result 
of  the  deliberations  of  the  naval  conference,  and  which  is  to  be  enti- 
tled '•  Declaration  Concerning  the  Laws  of  Xaval  War,"  answers  well 
to  the  desire  expressed  by  the  British  Government  in  its  invitation 
of  February,  1908.  The  questions  in  the  program  are  all  settled 
except  two,  with  regard  to  which  explanations  will  be  given  later. 
The  solutions  have  been  extracted  from  the  various  views  or  practices 
whi.h  prevail  and  represent  what  may  be  called  the  media  sententia. 
They  are  not  always  in  absolute  agreement  with  the  views  peculiar  to 
each  country,  but  they  shock  the  essential  ideas  of  none.  They  must 
not  be  examined  se]:)arately.  but  as  a  whole:  otherwise  there  is  a  risk 
of  the  most  serious  misunderstandings.  In  fact,  if  one  or  more  iso- 
lated rules  are  examined  either  from  the  belligerent  or  the  neutral 
point  of  view,  the  reader  may  find  that  the  interests  with  which  he  is 
especially  concerned  are  jeopardized  by  the  adoption  of  these  rules. 
But  they  have  another  side.  The  work  is  one  of  compromise  and 
mutual  concessions.     Is  it,  as  a  whole,  a  good  one  ? 

We  confidently  hope  that  those  who  study  it  seriously  will  answer 
that  it  is.  The  declaration  puts  uniformity  and  certainty  in  the 
place  of  the  diversity  and  obscurity  from  which  international  rela- 
tions have  too  long  suffered.  The  conference  has  tried  to  reconcile 
in  an  equitable  and  practical  way  the  rights  of  belligerents  with 
those  of  neutral  commerce;  it  consists  of  powers  whose  conditions, 
from  the  political,  economic,  and  geographical  points  of  view,  vary 
considerably.  There  is  therefore  reason  to  suppose  that  the  rules 
on  which  these  powers  have  agreed  to  take  sufficient  account  of  the 
different  interests  involved,  and  hence  may  be  accepted  without 
objection  by  all  the  others. 

The  preamble  of  the  declaration  summarizes  the  general  ideas  just 
set  forth. 

Having  retrard  to  the  terms  in  which  the  British  Government  invited  various 
powers  to  meet  in  conference  in  order  to  arrive  at  an  agreement  as  to  what  are 
the  generally  recognizetl  rules  of  international  law  within  the  meaning  of  article 
7  of  the  convention  of  the  ISth  October,  1907.  relative  to  the  establishment  of 
an  international  prize  court. 

Recognizing  all  the  advantages  which  an  agreement  as  to  the  said  rules  would 
present  in  the  unfortunate  event  of  a  naval  war,  both  as  regards  peaceful  com- 
merce, and  as  regards  the  belligerents  and  their  diplomatic  relations  with 
neutral  governments. 

Having  regard  to  the  divergence  often  found  in  the  methods  by  which  it  is 
sought  to  apply  in  practice  the  general  principles  of  international  law. 

Animated  by  the  desire  to  insure  henceforward  a  greater  measure  of  uni- 
formity in  this  respect. 

Hoping  that  a  work  so  important  to  the  common  welfare  will  meet  with 
general  approval. 

What  is  the  scope  of  application  of  the  rules  thus  laid  down? 
They  must  be  observed  in  the  relations  between  the  signatory  parties, 
since  tho.se  parties  acknowledge  them  as  principles  of  recognized 
international  law  and.  besides,  expressly  bmd  themselves  to  secure 
the  benefit  of  them  for  one  another.  The  signatory  powers  who  are 
or  will  be  parties  to  the  convention  establishing  the  international 


285 

prize  court  will  have,  besides,  an  opportunity  of  having  theae  rules 
applied  to  disputes  in  which  they  are  conci'rned,  whether  tlie  court 
regards  them  as  general!}'  recognized  rules,  or  takes  account  of  the 
pledge  given  (o  ohserve  them.  It  is  moreover'  (o  be  hoped  that  these 
rules  wdl  before  long  be  accepted  by  the  majority  of  States,  who  will 
recognize  the  advantage  of  substituting  exact  j)rovisions  for  more  or 
less  indefinite  usages  which  tend  to  give  rise  to  controversy. 

Tt   has  been  said   above   (hat   two   points  in   the   ])r()gram   of   the 
conference  were  not  decided. 

(1)  The  program  mentions  under  head  (/)  :  The  legality  of  the 
conA^ersion  of  a  merchant  vessel  into  a  warship  on  the  high  seas.  The 
conflicting  views  on  this  subject  which  became  apparent  at  the  con- 
ference of  The  Hague  in  1!>07,  have  incurred  at  tlie  |)resent  c(uifer- 
ence.  It  may  be  concluded,  both  from  the  statements  in  the  mem- 
oranda and  from  the  discussion,  tliat  there  is  no  generally  accepted 
rule  on  this  point,  nor  do  there  appear  to  be  any  ])recedents  which 
can  be  adduced.  Though  the  two  opposite  opinions  were  defended 
with  great  warmth,  a  lively  desire  for  an  understanding  was  ex- 
pressed on  all  sides;  everybody  was  at  least  agreed  lliat  it  would  be  a 
great  advantage  to  put  an  end  to  uncertainty.  Serious  efforts  were 
made  to  do  justice  to  the  interests  espoused  by  both  sides,  but  these 
unfortunately  failed.  A  subsidiary  question  dependent  on  the  pre- 
vious one,  on  which,  at  one  moment  it  appeared  possible  to  come  to  an 
agi'eement,  is  that  of  reconversion.  According  to  one  proposal  it 
was  to  be  laid  down  that  "  merchant  vessels  converted  into  warships 
can  not  be  reconverted  into  merchant  vessels  during  the  whole  course 
of  the  war."  The  rule  was  absolute  and  made  no  distinction  as 
regards  the  place  where  reconversion  could  be  etl'ected;  it  was  dic- 
tated by  the  idea  that  such  conversion  would  always  have  disad- 
vantages, would  be  productive  of  surprises,  and  lead  to  actual  frauds. 
As  unanimity  in  favor  of  this  proposal  was  not  forthcoming,  a  sub- 
sidiary one  was  brought  forward,  viz,  "  The  conversion  of  a  warship 
into  a  merchant  vessel  on  the  high  seas  is  forbidden  during  the  war. 
The  case  had  in  view  was  that  a  warsliiji  (generally  a  recently  con- 
verted merchant  vessel)  dofling  its  character  so  as  to  be  able  freely 
to  revictual  or  refit  in  a  neutral  port  without  being  bound  by  the 
restrictions  imposed  on  warships.  Will  not  the  position  of  the  neu- 
tral State  between  two  belligerents  be  delicate,  and  will  not  such 
State  expose  itself  to  reproach  whether  it  treats  the  newly  converted 
ship  as  a  merchant  vessel  or  as  a  warship?  Agreement  might  per- 
haps have  been  reached  on  this  proposal,  but  it  seemed  very  difficult 
to  deal  with  this  secondary  asj)ect  of  a  question  which  there  was  no 
hope  of  settling  as  a  whole.  This  was  the  decisive  reason  for  the 
rejection  of  all  proposals. 

The  question  of  conversion  on  the  high  seas  and  that  of  reconver- 
sion tlierefore  remain  open. 

2.  Under  head  (h)  the  British  program  mentions  the  question 
whether  the  nationality  or  the  domicile  of  the  owner  should  be 
adopted  as  the  dominant  factor  in  deciding  whether  property  is 
enemy  property.  This  question  was  subjected  to  a  searching  exami- 
nation by  a  special  committee,  which  had  to  acknowledge  (he  uncer- 
tainty of  actual  practice;  it  was  proposed  to  put  an  end  to  this  by  the 
following  provisions: 

The  neutral  or  enemy  character  of  goods  found  on  board  an  enemy  vessel  is 
determined  by  the  neutral  or  enemy  nationality  of  their  owner,  or,  if  he  is  of 


286 

no  nationality  or  of  double  nationality  (i.  e.,  both  neutral  and  enemy),  by  his 
domicile  in  a  neutral  or  enemy  country;  provided  that  goods  belonging  to  a 
limited  liability  ov  joint  stock  company  are  considered  as  neutral  or  enemy 
according  as  the  company  has  its  headipiarters  in  a  neutral  country. 

Unanimity  not  being  forthcoming,  these  provisions  remained  with- 
out effect. 

We  now  reach  the  explanation  of  the  declaration  itvself,  on  which 
we  .^hall  try,  by  summarizing  the  reports  already  approved  by  the 
conference,  to  give  an  exact  and  iincontroversial  commentary;  this, 
when  it  has  become  an  oflBcial  commentary  by  receiving  the  approval 
of  the  conference,  may  serve  as  a  guide  to  the  different  authorities — 
administrative,  military,  and  judicial — who  may  be  called  on  to 
apply   it. 

PRELIMINARY   PROVISION. 

The  signatory  powers  are  agreed  that  the  rules  contained  in  the 
following  chapters  correspond  in  substance  with  the  generally  recog- 
nized principles  of  international  law. 

This  provision  dominates  all  the  rules  which  follow.  Its  spirit  has 
been  indicated  in  the  general  remarks  to  be  found  at  the  beginning 
of  this  report.  The  purpose  of  the  conference  has,  above  all,  been  to 
note,  to  define,  and,  where  needful,  to  complete  what  might  be  con- 
sidered as  customary  law. 

Chapter  I. — Blockade  in  Time  of  War. 

Blockade  is  here  regarded  solely  as  an  operation  of  war,  and  there 
is  no  intention  of  touching  in  any  way  on  what  is  called  "  pacific  " 
blockade. 

Article  1. — A  blockade  must  not  extend  beyond  the  ports  and  coasts  belong- 
ing  to   or  occupied   by   the   enemy. 

Blockade,  as  an  operation  of  war,  can  be  directed  by  a  belligerent 
only  against  his  adversary.  This  very  simple  rule  is  laid  down  at 
the  start,  but  its  full  scope  is  apparent  only  when  it  is  read  in  con- 
nection with   article  18. 

Art.  2.  In  accordance  with  the  declaration  of  Paris  of  1856.  a  blockade,  in 
order  to  be  binding,  must  be  effective — that  is  to  say.  it  must  be  maintained  by 
a  force  sutticient  really  to  i)revent  access  to  the  enemy  coast  line. 

The  first  condition  necessary  to  render  a  blockade  binding  is  that 
it  should  be  effective.  There  has  been  universal  agreement  on  this 
subject  for  a  long  time.  As  for  the  definition  of  an  effective  block- 
ade, we  thought  that  we  had  only  to  adopt  the  one  to  be  found  in  the 
declaration  of  Paris  of  the  16th  April,  1856,  which,  conventionally, 
binds  a  great  number  of  States,  and  is  in  fact  accepted  by  th*  rest. 

Abt.  3.  The  question  whether  a  blockade  is  efiective  is  a  question  of  fact. 

It  is  easily  to  be  understood  that  difliculties  often  arise  on  the 
que.stion  whether  a  blockade  is  effective  or  not;  opposing  interests 
are  at  stake.  The  blockading  belligerent  wishes  to  economize  his 
efforts,  and  neutrals  desire  their  trade  to  be  as  little  hampered  as 
possible.  Diplomatic  protests  have  sometimes  been  made  on  this 
subject.  The  point  may  be  a  delicate  one,  because  no  ab.solute  rule 
can  be  laid  down  as  to  the  number  and  position  of  the  blockading 
ships.     All  depends  on  matters  of  fact  and  geographical  conditions. 


287 

In  one  case  a  single  ship  will  suflice  to  blockade  a  port  as  eiTectively 
as  possible,  whereas  in  another  a  whole  fleet  may  not  be  enough  really 
to  prevent  access  to  one  or  more  ports  declared  to  be  blockaded.  It  is 
therefore  essentially  a  cjiiestion  of  fact,  to  be  decided  on  the  merits 
of  each  case,  and  not  according  to  a  formula  di-awn  up  bcf(trchand. 
Who  shall  decide  it?  'J'iic  judicial  authority.  This  will  l)c,  in  the 
first  place,  the  national  tribunal  which  is  called  on  to  pronounce  as 
to  the  validit}'  of  the  prize  and  which  the  vessel  captured  for  breach 
of  blockade  can  ask  to  declare  the  capture  void,  because  the  l)lockade, 
not  being  etl'cctive,  was  not  binding.  This  resort  has  always  existed; 
it  may  not  always  have  given  satisfaction  to  the  powers  concerned, 
because  they  may  have  thought  that  the  national  tribunal  was  rather 
naturally  led  to  consider  ell'ective  the  blockade  declared  to  be  so  by 
its  government.  But  when  the  international  prize  court  convention 
comes  into  force  there  will  be  an  absolutely  impartial  tribunal,  to 
which  neutrals  may  apply,  and  which  will  decide  whether,  in  a  given 
case,  the  blockade  was  ell'ective  or  not.  The  possibility  of  this  resort, 
besides  allowing  certain  injustices  to  be  redressed,  will  most  likely 
have  a  preventive  effect,  in  that  a  government  will  take  care  to  estab- 
lish its  blockades  in  such  a  way  that  their  effect  can  not  be  annulled 
by  decisions  which  would  inflict  on  it  a  heavy  loss.  The  full  scope  of 
article  3  is  thus  seen  when  it  is  understood  that  the  question  with 
which  it  deals  must  be  settled  by  a  court.  The  foregoing  explana- 
tion is  inserted  in  the  report  at  the  request  of  the  committee,  in  order 
to  remove  all  possibility  of  misunderstanding. 

Art.  4.  A  blockade  is  not  regarded  as  raised  if  the  blockading  force  is  tempo- 
rarily withdrawn  on  account  of  stress  of  weather. 

It  is  not  enough  for  a  blockade  to  be  established;  it  must  be  main- 
tained. If  it  is  raised  it  may  be  reestablished,  but  this  requires  the 
observance  of  the  same  formalities  as  though  it  were  established  for 
the  first  time.  By  tradition,  a  blockade  is  not  regarded  as  raised 
when  it  is  in  consequence  of  stress  of  weather  that  the  blockading 
forces  are  temporarily  withdraAvn.  This  is  laid  down  in  article  4. 
Tt  must  be  considered  limitative  in  the  sense  that  stress  of  weather 
is  the  only  form  of  compulsion  which  can  be  alleged.  If  the  block- 
ading forces  were  withdrawn  for  any  other  reason,  the  blockade 
would  be  regarded  as  raised,  and,  if  it  were  resumed,  articles  \'2  (last 
rule)  and  13  would  apply. 

Art.  5.  A  blockade  must  be  applied  impartially  to  the  ships  of  all  nations. 

Blockade,  as  an  operation  of  lawful  warfare,  must  be  respected  by 
neutrals  in  so  far  as  it  really  remains  an  operation  of  war  wjiich  has 
the  object  of  interrupting  all  comniercinl  relations  with  ihv  blockaded 
port.  It  nuiy  not  be  made  the  means  of  allowing  a  belligerent  to 
favor  the  vessels  of  certain  nations  by  letting  them  pass.  This  is 
the  point  of  article  5. 

Art.  (>.  The  conimaiidor  of  a  blockadim:  force  may  give  permi.s.sion  to  a  war- 
shiit  to  enter,  and  subsefinoiitly  to  leave,  a  hloc-kadwl  port. 

Does  the  prohibition  which  applies  to  all  merchant  ve.ssels  ap|)lv 
also  to  warships?  No  definite  reply  can  be  given.  The  commander 
of  the  blockading  forces  may  think  it  useful  to  cut  oil"  all  comimniica- 
tion  with  the  blockacK^d  place  and  rcfu.se  access  to  neutral  warships: 
no  rule  is  imposed  on  him.     If  he  lets  them  in,  it  is  as  a  matter  of 


288 

courtesy.  If  a.  rule  has  boen  drawn  up  merely  to  lay  down  this,  it  is 
in  order  that  it  may  not  be  claimed  that  a  blockade  has  ceased  to  be 
eU'ective  on  account  of  leave  granted  to  such  and  such  neutral  war- 
ships. 

The  blockading  commander  must  act  impartially,  as  stated  in 
article  5.  Nevertheless,  the  mere  fact  that  he  has  let  a  warship  pass 
does  not  oblige  him  to  let  pass  all  neutral  warships  which  may  come. 
It  is  question  of  judgment.  The  presence  of  a  neutral  warship  in  a 
blockaded  port  may  not  have  the  same  consequences  at  all  stages  of 
the  blockade,  and  the  commander  must  be  left  free  to  judge  whether 
he  can  be  courteous  without  making  any  sacrifice  of  his  military 
interests. 

Art.  7.  In  circumstances  of  distress,  acknowledced  by  an  officer  of  the  block- 
ading force,  a  neutral  vessel  may  enter  a  place  under  blockade,  and  subsequently 
leave  it,  provided  that  she  has  neither  discharged  nor  shipped  any  cargo  there. 

Distress  can  explain  the  entrance  of  a  neutral  vessel  into  a  block- 
aded place,  for  instance,  if  she  is  in  want  of  food  or  water,  or  needs 
immediate  repairs.  As  soon  as  her  distress  is  acknowledged  by  an 
authority  of  the  blockading  force,  she  may  cross  the  line  of  blockade; 
it  is  not  a  favor  which  she  has  to  ask  of  the  humanity  or  courtesy  of 
the  blockading  authorit}-.  The  latter  may  deny  the  state  of  distress 
but  when  once  it  is  proved  to  exist,  the  consequence  follows  of  itself. 
The  vessel  which  has  thus  entered  the  blockaded  port  will  not  be 
obliged  to  remain  there  for  the  whole  duration  of  the  blockade;  she 
may  leave  as  soon  as  she  is  fit  to  do  so,  when  she  has  obtained  the  food 
or  water  which  she  needs,  or  when  she  has  been  repaired.  But  the 
leave  granted  to  her  must  not  be  made  an  excuse  for  commercial 
transactions;  therefore  she  is  forbidden  to  discharge  or  ship  any 
cargo. 

It  is  needless  to  say  that  a  blockading  squadron  which  insisted  on 
preventing  a  vessel  in  distress  from  passing,  might  do  so  if  she 
afforded  her  the  help  which  she  needed. 

Art.  8.  A  blockade,  in  order  to  be  binding,  must  be  declared  in  accordance 
with  article  9.  and  notified  in  accordance  with  articles  11  and  16. 

Independently  of  the  condition  prescribed  by  the  declaration  of 
Paris  that  it  must  be  effective,  a  blockade,  to  be  binding,  must  be 
declared  and  notified.  Article  8  confines  itself  to  laying  down  the 
princi])le  which  is^ipplied  by  the  following  articles. 

To  remove  all  possibility  of  misunderstanding  it  is  enough  to  define 
clearly  the  meaning  of  these  two  expressions,  which  will  frequently 
be  used.  The  declaration  of  blockade  is  the  act  of  the  coinpetent 
authority  (a  government  or  commander  of  a  squadron)  stating  that 
a  blockade  is,  or  is  about  to  be,  established  under  conditions  to  be 
.specified  (art.  9).  The  notification  is  the  fact  of  bringing  the  decla- 
ration of  blockade  to  the  knowledge  of  the  neutral  powers  or  of 
certain  authorities    (art.   11). 

These  two  thing.s — declaration  and  notification — will  in  most  cases 
be  done  previously  to  the  enforcement  of  the  rules  of  blockade,  that 
is  to  say,  to  the  real  prohibition  of  passage.  Nevertheless,  as  we 
shall  see  later,  it  is  sometimes  possible  for  passage  to  be  forbidden 
by  the  very  fact  of  the  bloclcade  which  is  brought  to  the  knowledge 
of  a  vessel  approaching  a  blockaded  port  by  means  of  a  notification 


289 

which  is  special,  whereas  the  nolilication  which  has  just  been  defined, 
and  which  is  spoken  of  in  article  11,  is  of  a  general  character. 

Aet.  9.  A  declaration  of  blockade  is  made  either  by  the  blockading  power  or 
by  the  naval  authorities  acting  in  Its  name. 
It   si)ecifies — 

(1)  The  date  when   the  blockade   begins. 

(2)  The  geo^ni  I'll 'fill   limits  nf  the  cdast   line  under  blockade. 
{'•i)   The  pcriixl  within  which  neutral   vessels  may  come  out. 

The  declaration  of  blockade  in  mo.st  ca.ses  emanates  from  the  bel- 
ligerent government  it.self.  That  government  may  have  left  the 
commander  of  its  naval  forces  free  himself  to  declare  a  blockade 
according  to  the  circum.stance.s.  There  will  not,  perhaps,  be  as 
much  reason  as  formerly  to  give  this  discretion,  becaii.se  of  the  ease 
and  rapidity  of  conminnication.  This,  being  merely  an  internal 
question,  matters  little. 

The  declaration  of  blockade  must  specify  certain  points  which  it  is 
in  the  interest  of  neutrals  to  know,  in  order  to  be  aware  of  the  extent 
of  their  obligations.  The  moment  from  which  it  is  forbidden  to 
communicate  with  the  blockaded  place  must  be  exactly  known.  It  is 
important,  as  atl'ecting  the  obligations  both  of  the  blockading  i)ower 
and  of  neutrals,  that  there  should  be  no  uncertainty  as  to  the  places 
really  blockaded.  Finally,  the  cu.stom  has  long  been  established  of 
allowing  neutral  vCvS.sels  which  are  in  the  blockaded  port  to  leave  it. 
This  custom  is  here  confirmed,  in  the  sense  that  the  blockading  power 
must  allow  a  period  within  which  vessels  may  leave;  the  length  of 
this  period  is  not  fixed,  because  it  clearly  depends  on  very  varying 
circumstances,  but  it  is  understood  that  the  period  should  be  reason- 
able. 

Art.  10.  If  the  operations  of  the  blockading  power,  or  of  the  naval  authorities 
acting  in  its  name,  do  not  tally  with  the  particulars,  which,  in  acordancc  with 
article  U  (1)  and  (2),  must  be  inserted  in  the  declaration  of  blockade,  the 
declaration  is  void,  and  a  new  declaration  is  necessary  in  order  to  make  the 
blockade   operative. 

The  object  of  this  article  is  to  insure  the  observance  of  article  9, 
Supposing  the  declaration  of  blockade  contains  statements  which 
do  not  tally  with  the  actual  facts;  it  states  that  the  blockade  began,  or 
will  begin,  on  such  a  day,  whereas,  in  fact,  it  only  began  several  days 
later.  Its  geograj^hical  limits  are  inaccurately  given;  they  are  wider 
than  tho.se  within  which  the  blockading  forces  are  operating.  What 
shall  be  the  sanction?  The  nullity  of  the  declaration  of  blockade, 
which  prevents  it  from  being  operative.  If  tiien,  in  such  a  case,  a 
neutral  vessel  is  captured  for  breach  of  blockade,  she  can  refer  to 
the  nullity  of  the  declaration  of  bh)ekade  as  a  plea  for  the  nullity  of 
the  capture;  if  her  plea  is  rejected  by  the  national  tribunal,  she  can 
appeal  to  the  international  court. 

To  avoid  misunderstandings,  the  significance  of  this  provision  must 
be  noticed.  Tiie  declaration  states  that  the  blockade  l)egins  on  the 
1st  of  February;  it  really  only  begins  on  the  8th.  It  is  needless  to 
say  that  the  declaration  had  no  oU'ect  from  the  1st  to  the  Sth,  because 
at  that  time  there  was  no  blockade  at  all;  the  declaration  states  a 
fact,  but  does  not  take  the  place  of  one.  The  rule  goes  further:  The 
declaration  shall  not  even  be  operative  from  the  Sth  onward;  it  is 
definitely  void,  and  another  must  be  made. 

There  is  no  question  here  of  rases  where  article  0  is  disregarded 
by  neglect  to  allow  neutral   vessels  in  the  blockaded  port  time  to 


290 

leave  it.  The  sa notion  coiikl  not  bo  the  same.  There  is  no  reason 
to  annul  the  declaration  as  regards  neutral  vessels  wishing  to  enter 
the  blockaded  port.  A  special  sanction  is  needed  in  that  case,  and 
it  is  provided  by  article  16,  paragraph  2. 

Art.  11.  A  declaration  of  blockade  is  notified — 

(1)  To  neutral  powers,  by  the  blockading  power  by  means  of  a  coniniunica- 
tion  addressed  to  the  governments  direct,  or  to  their  representatives  accredited 
to  it. 

(2)  To  the  local  authorities,  by  the  officer  commanding  the  blockading  force. 
The  local  authorities  will,  in  turn,  inform  the  foreign  consular  officers  at  the 
port  or  on  the  coast  line  under  blockade  as  soon  as  possible. 

A  declaration  of  blockade  is  not  valid  unless  notified.  The  observ- 
ance of  a  rule  can  only  be  required  by  those  who  have  the  opportunity 
of  knowinw  it. 

Two  notifications  must  be  made : 

1.  The  first  is  addressed  to  neutral  powers  by  the  belligerent  power, 
which  communicates  it  to  the  governments  themselves  or  to  their 
representatives  accredited  to  it.  The  communication  to  the  govern- 
ments will  in  most  cases  be  made  through  the  diplomatic  agents;  it 
might  happen  that  a  belligerent  had  no  diplomatic  relations  with  a 
neutral  country;  he  will  then  address  itself,  ordinarily  by  telegraph, 
directly  to  the  government  of  that  country.  It  is  the  duty  of  the 
neutral  governments  advised  of  the  declaration  of  blockade  to  take 
the  necessary  measures  to  dispatch  the  news  to  the  different  parts  of 
their  territory,  especially  their  ports. 

2.  The  second  notification  is  made  by  the  commander  of  the  block- 
ading force  to  the  local  authorities.  These  must  inform,  as  soon  as 
possible,  the  foreign  consuls  residing  at  the  blockaded  place  or  on  the 
blockaded  coast  line.  These  authorities  would  be  responsible  for  the 
neglect  of  this  obligation.  Neutrals  might  suffer  loss  from  the  fact 
of  not  having  been  informed  of  the  blockade  in  sufficient  time. 

Art.  12.  The  rules  as  to  declaration  and  notification  of  blockade  apply  to 
cases  w-here  the  limits  of  a  blockade  are  extended,  or  where  a  blockade  is  re- 
established after  having  been  raised. 

Supposing  a  blockade  is  extended  beyond  its  original  limits,  as 
regards  the  new  part,  it  is  a  new  blockade  and,  in  consequence,  the 
rules  as  to  declaration  and  notification  must  be  applied  to  it.  The 
same  is  true  in  cases  where  a  blockade  is  reestablished  after  having 
been  raised ;  the  fact  that  a  blockade  has  already  existed  in  the  same 
locality  must  not  be  taken  into  account. 

Art.  13.  The  voluntai'y  raising  of  a  blockade,  a^  also  any  restriction  in  the 
limits  of  a  blockade,  must  be  notified  in  the  manner  prescribed  by  article  11. 

It  is  indispensable  to  know  of  the  establishment  of  a  blockade, 
it  w^ould  at  least  be  u.seful  for  the  public  to  be  told  of  its  raising,  since 
it  puts  an  end  to  the  restrictions  imposed  on  the  relations  of  neutrals 
with  the  blockaded  port.  It  has  therefore  been  thought  fit  to  ask 
the  power  which  raises  a  blockade  to  make  known  tlie  fact  in  the 
form  in  which  it  has  notified  the  establishment  of  the  blockade.  (Art. 
11.)  Only  it  mu.st  be  observed  that  the  sanction  could  not  be  the 
same  in  the  tw^o  cases.  To  insure  the  notification  of  the  declaration 
of  blockade  there  is  a  direct  and  adequate  sanction;  an  unnotified 
blockade  is  not  binding.  In  the  case  of  the  raising  there  can  be  no 
parallel  to  this.     The  public  will  really  gain  by  the  raising,  even 


291 

without  boinjz  told  of  it  ofliciiilly.  'V\w  blockiulinfj  power  which  did 
not  notify  the  raising  wouhl  expose  itself  to  diplDniatic  remonstrances 
on  the  ground  of  the  nonfulfillment  of  an  international  duty.  This 
nonfulfillment  will  have  more  or  less  serious  consequences,  according 
to  circumstances.  Sometimes  the  raising  of  the  blockade  will  really 
have  become  known  at  once,  and  oflicial  notification  would  add 
nothing  to  this  effective  publicity. 

It  is  needless  to  add  that  oidy  (he  voluntary  raising  of  a  blockade 
is  here  in  quCvStion;  if  the  blockading  force  has  been  driven  off  by 
the  arrival  of  enemy  forces,  it  can  not  be  held  bound  to  make  known 
its  defeat,  which  its  adversary  will  undertake  to  do  without  delay. 
Instead  of  raising  a  l)lockade,  a  belligerent  may  confine  him.self  to 
restricting  it;  he  only  blockades  one  port  instead  of  two.  As  regards 
the  port  which  ceases  to  be  included  in  the  blockade,  it  is  a  case  of 
voluntary  raising,  and  consequently  the  same  rule  applies. 

Art.  14.  The  liability  of  a  neiitnil  vessel  to  capture  for  breaeh  of  blockade  is 
contingent  on  her  liuowledge,  actual  or  presumptive,  of  the  blockade. 

For  a  vessel  to  be  liable  to  capture  for  breach  of  blockade,  the  first 
condition  is  that  she  must  be  aware  of  the  blockade,  because  it  is 
not  just  to  punish  some  one  for  breaking  a  rule  which  he  does  not 
know.  Nevertheless,  there  are  circumstances  in  which,  even  in  the 
absence  of  proof  of  actual  knowledge,  knowledge  may  be  presumed, 
the  right  of  rebutting  this  presumption  being  always  reserved  to  the 
party  concerned.     (Art.  15.) 

Art.  in.  Failin.c  proof  to  the  contrary,  knowledge  of  the  blockade  is  pre- 
sumed  if  the  vessel  left  a  neutral  port  subsequently  to  the  notification  of  the 
blockade  to  the  power  to  which  such  port  belongs,  provided  that  such  notifica- 
tion was  made  in  sufficient  time. 

A  vessel  has  left  a  neutral  port  subsequently  to  the  notification  of 
the  blockade  made  to  the  powers  to  which  the  port  belongs.  Was 
this  notification  made  in  suflEicient  time;  that  is  to  say,  so  as  to  reach 
the  port  in  question,  where  it  had  to  be  published  by  the  port  authori- 
ties? That  is  a  question  of  fact  to  be  examined.  If  it  is  settled 
affirmatively,  it  is  natural  to  suppose  that  the  vessel  was  aware  of  the 
blockade  at  the  time  of  her  departure.  This  presumption  is  not, 
however,  absolute,  and  the  right  to  adduce  proof  to  the  contrary  is 
reserved.  It  is  for  the  incriminated  vessel  to  furnish  it  by  showing 
that  circumstances  existed  which  explain  her  ignorance. 

Abt.  16.  If  a  vessel  approaching  a  blockaded  port  has  no  knowledge,  actual 
or  presumptive,  of  the  blockade,  the  nolific.itiou  must  be  made  to  the  vessel 
itself  by  an  officer  of  one  of  the  ships  of  the  blockading  force.  This  notifica- 
tion should  be  eniercd  in  the  vessel's  log  book,  and  must  state  the  day  and  hour 
and  the  geograpliiciil  jiosition  of  the  vessel  at  the  lime. 

If  through  the  negligence  of  the  officer  comm.inding  the  blockading  force  no 
declaration  of  blockade  has  been  notified  to  the  local  authorities,  or  if  in  the 
declaration,  ns  notified,  no  jteriod  h:is  been  mentioned  within  which  neutral 
vessels  may  come  out,  a  neutral  vessel  coming  out  of  the  blockaded  port  must 
be  allowed  to  pass  free. 

A  vessel  is  supposed  to  be  approaching  a  blockaded  port  without  its 
being  possible  to  tell  whether  she  knows  or  is  presumed  to  know  of 
the  existence  of  the  blockade;  no  notification  in  the  sense  of  article 
11  has  reached  her.  In  that  case  a  special  notification  is  necessary  in 
order  that  the  vessel  may  be  duly  informed  of  the  fact  of  the  block- 
ade.    This  notification  is  made  to  the  vessel  herself  by  an  officer  of 

76844°— S.  Doc.  1063,  62-^3 20 


292 

one  of  the  war  ships  of  the  blockading  force,  and  is  entered  on  the 
vessel's  log  book.  It  may  be  made  to  the  vessels  of  a  convoyed  fleet 
by  a  neutral  war  ship  through  the  commander  of  the  convoy,  who  ac- 
knowledges receipt  of  it  and  takes  the  necessary  measures  to  have  the 
notification  entered  on  the  log  book  of  each  vessel.  The  entry  notes 
the  time  and  place  where  it  is  made,  and  the  names  of  the  blockaded 
places.  The  vessel  is  prevented  from  passing,  and  the  blockade  is 
thus  made  binding  for  her,  though  not  previously  notified;  this  ad- 
verb is  therefore  omitted  in  article  8.  It  can  not  be  admitted  that  a 
merchant  vessel  should  claim  to  disregard  a  real  blockade,  and  to 
break  it  for  the  sole  reason  that  she  was  not  personally  aware  of  it. 
But,  though  she  may  be  prevented  from  passing,  she  may  only  be 
captured  wlien  she  tries  to  break  blockade  after  receiving  the  notifi- 
cation. This  special  notification  is  seen  to  play  a  very  small  part, 
and  must  not  be  confused  with  the  special  notification  absolutely 
insisted  on  by  the  practice  of  certain  navies. 

What  has  just  been  said  refers  to  the  vessel  coming  in.  The  vessel 
leaving  the  blockaded  port  must  also  be  considered.  If  a  regular 
notification  of  the  blockade  has  been  made  to  the  local  authorities 
(art.  11  (2)),  the  position  is  simple:  the  vessel  is,  or  is  presumed  to 
be.  aware  of  the  blockade,  and  is  therefore  liable  to  capture  in  case 
she  has  not  kept  to  the  period  for  leaving  allowed  by  the  blockading 
power.  But  it  may  happen  that  no  declaration  of  blockade  has  been 
notified  to  the  local  authorities,  or  that  that  declaration  has  con- 
tained no  mention  of  the  period  allowed  for  leaving,  in  spite  of  the 
rule  prescribed  by  article  9  (3).  The  sanction  of  the  blockading 
power's  offense  is  that  the  vessel  must  be  allowed  to  go  free.  It  is  a 
strong  sanction,  w^hich  corresponds  exactly  with  the  nature  of  the 
offense  committed,  and  will  be  the  best  means  of  preventing  its  com- 
mission. 

It  is  needless  to  say  that  this  provision  only  concerns  vessels  to 
which  the  period  allowed  for  leaving  would  have  been  of  use — that  is 
to  say,  neutral  vessels  which  were  in  the  port  at  the  time  when  the 
blockade  was  established;  it  has  nothing  to  do  with  vessels  which  are 
m  the  port  after  having  broken  blockade. 

The  commander  of  the  blockading  squadron  may  always  repair 
his  omission  or  mistake,  make  a  notification  of  the  blockade  to  the 
local  authorities,  or  complete  that  which  he  has  already  made. 

As  is  seen  from  these  explanations,  the  most  ordinary  case  is  as- 
sumed— that  in  which  the  absence  of  notification  implies  negligence 
on  the  part  of  the  commander  of  the  blockading  forces.  The  situa- 
tion is  clearly  altogether  changed  if  the  commander  has  done  all  in 
his  power  to  make  the  notification,  but  has  been  prevented  from 
doing  so  by  lack  of  good  will  on  the  part  of  the  local  authorities, 
who  have  intercepted  all  communications  from  outside.  In  that 
case  he  can  not  be  forced  to  let  pass  vessels  which  wish  to  leave,  and 
which,  in  the  absence  of  the  prescribed  notification  and  of  presump- 
tive knowledge  of  the  blockade,  are  in  a  position  similar  to  that  con- 
templated in  article  IG,  paragraph  1. 

Art.  17.  Nentrjil  vessels  may  not  be  captured  for  breach  of  blockade  except 
within  the  area  of  operations  of  Che  warships  detailed  to  render  the  blockade 
effective. 


293 

The  other  condition  of  the  liability  of  a  vessel  to  capture  is  that 
she  should  be  found  within  the  area  of  operations  of  the  warships 
detailed  to  make  the  blockade  effective;  it  is  not  enough  that  she 
;.hould  be  on  her  way  to  the  blockaded  port. 

As  for  Avhat  constitutes  the  area  of  operations,  an  explanation  has 
been  given  which  has  been  universally  accepted,  and  is  quoted  here 
as  furnishing  the  best  commentary  on  the  rule  laid  down  by  arti- 
cle 17: 

When  :i  KoveranienI  dtK-ides  to  undertaking  blockading  operations  against 
some  part  of  the  enemy  coast  It  details  a  certain  number  of  warships  to  take 
part  in  the  blockade  and  intrusts  the  command  to  an  officer  whose  duty  is  to 
use  them  for  the  purpose  of  makiLg  the  blockade  effective.  The  commander 
of  the  naval  force  thus  formed  posts  the  ships  at  his  disposal  according  to 
the  line  of  the  coast  and  the  geographical  position  of  the  blockaded  places  and 
instructs  each  ship  as  to  the  part  which  she  has  to  play,  and  especially  as  to 
the  zone  which  she  is  to  watch.  All  the  zones  watched  taken  together,  and 
so  organized  as  to  make  the  blockade  effective,  form  the  area  of  operations  of 
the  blockading  naval  force. 

The  area  of  operations  so  constituted  is  intimately  connected  with  the  effec- 
tiveness of  the  blockade  and  also  with  the  number  of  ships  employed  on  it. 

Cases  may  occur  in  which  a  single  ship  will  be  enougli  to  keep  a  blockade 
effective — for  instance,  at  the  entrance  of  a  port  or  at  the  mouth  of  a  river 
with  a  small  estuary,  so  long  as  circumstances  allow  the  blockading  ship  to  stay 
near  enough  to  the  entrance.  In  that  case  ihe  area  of  ojierations  is  itself 
near  the  coast.  But,  on  the  other  hand,  if  circumstances  force  her  to  remain 
far  off.  one  ship  may  not  be  enough  to  secure  effectiveness,  and  to  maintain 
this  she  will  then  have  to  be  supported  by  others.  From  this  cause  the  area 
of  operations  become  wider  and  extends  farther  from  the  coast.  It  may  there- 
fore vary  with  circumstances  and  with  the  number  of  blockading  shins,  but  it 
will  always  be  limited  by  the  condition  that  effectiveness  must  be  assured. 

It  does  not  seem  possible  to  fix  the  lijnits  of  the  area  of  oiK-rations  in  detinite 
figures  any  more  than  to  fix  beforehand  and  definitely  the  number  of  ships  neces- 
sary to  assure  the  effectiveness  of  any  blockade.  These  points  must  be  settled 
according  to  circumstances  in  each  particular  case  of  a  blockade.  This  might 
perhaps  be  done  at  the  time  of  making  the  declaration. 

It  is  clear  that  a  blockade  will  not  be  established  in  the  same  way  on  a 
defenseless  coast  as  on  one  i)ossessing  all  modern  means  of  defense.  In  the 
latter  case  there  could  be  no  question  of  enforcing  a  rule  such  as  that  which 
formerly  required  that  ships  should  be  stationai-y  and  sufliciently  close  to  the 
blockaded  i)laces;  the  position  would  be  too  dangerous  for  the  ships  of  the 
blockading  force,  which,  besides,  now  jiossess  more  powerful  means  of  watching 
effectively  a  much  wider  zone  than  formerly. 

The  area  of  operations  of  a  blockading  naval  force  may  be  rather  wide,  but 
as  it  depends  (n  the  number  of  ships  contributing  to  the  effectiveness  of  the 
blockade  and  is  always  limited  by  the  condition  that  it  should  be  effective,  it 
will  never  reach  distant  seas  where  merchant  vessels  sail  which  are,  perhaps, 
making  for  the  blockaded  ports,  but  whose  destination  is  contingent  on  the 
changes  which  circumstances  may  produce  in  the  blockade  during  their  voyage. 
To  sum  up.  the  idea  of  the  area  of  operations  joined  with  that  of  effectiveness, 
as  we  have  tried  to  define  it — that  is  to  sjiy,  including  the  zone  of  operations  of 
the  blockading  forces — allows  the  belligerent  effectively  to  exercise  the  right  of 
blockade,  which  he  admittedly  possesses,  and,  on  the  other  hand,  saves  neutrals 
from  exposure  to  the  drawbacks  of  blockade  at  a  great  distance,  while  it  leaves 
them  free  to  run  the  risk  whicli  they  knowingly  incur  by  approaching  points  to 
which  access  is  forbidden  by  the  belligerent. 

Art.  is.  The  blockading  forces  must  not  bar  access  to  netural  ports  or  coasts. 

This  rule  has  been  thought  neces.'^ary  the  better  to  protect  the  com- 
mercial interests  of  neutral  countries;  it  completes  article  1,  accord- 
ing to  which  a  blockade  must  not  extend  beyond  the  ports  and  coasts 
of  the  eneiny,  which  implios  that,  as  it  is  an  operation  of  war,  it  must 
not  ])(>  dircclod  against  a  neutral  port,  in  spite  of  the  importance  to  a 
belligerent  of  the  part  played  by  that  neutral  port  in  supplying  his 
adversary. 


294 

Art.  19.  Whatever  may  be  the  ulterior  destination  of  a  vessel  or  of  her  cargo, 
she  c;iii  not  be  captiuod  for  breach  of  blockade  if,  at  the  moment,  she  is  on  her 
way  to  a  nonblockaded  port. 

It  is  the  true  destination  of  the  vessel  which  must  be  considered 
when  a  breach  of  blockade  is  in  question,  and  not  the  ulterior  destina- 
tion of  the  cargo.  Proof  or  presumption  of  the  latter  is  therefore 
not  enough  to  justify  the  capture,  for  breach  of  blockade,  of  a  ship 
actually  bound  for  an  unblockaded  port.  But  the  cruiser  might 
always  prove  that  this  destination  to  an  unblockaded  port  is  only 
apparent,  and  that  in  reality  the  immediate  destination  of  the  vessel 
is  the  blockaded  port. 

Abt.  20.  A  vessel  which  has  broken  blockade  outward,  or  which  has  attempted 
to  break  blockade  inward,  is  liable  to  capture  so  long  as  she  is  pursued  by  a 
ship  of  the  blockading  force.  If  the  pursuit  is  abandoned  or  if  the  blockade  is 
raised,  her  capture  can  no  longer  be  effected. 

A  vessel  has  left  the  blockaded  port  or  has  tried  to  enter  it.  Shall 
she  remain  indefinitely  liable  to  capture?  To  reply  by  an  absolute 
affirmative  would  be  to  go  too  far.  This  vessel  must  remain  liable  to 
capture  so  long  as  she  is  pursued  b}^  a  ship  of  the  blockading  force; 
it  would  not  be  enough  for  her  to  be  encountered  by  a  cruiser  of  the 
blockading  enemy  which  did  not  belong  to  the  blockading  squadron. 
The  question  whether  or  not  the  pursuit  is  abandoned  is  one  of  fact ; 
it  is  not  enough  that  the  vessel  should  take  refuge  in  a  neutral  port. 
The  ship  which  is  pursuing  her  can  wait  till  she  leaves  it,  so  that  the 
pursuit  is  necessarily  suspended,  but  not  abandoned.  Capture  is  no 
longer  possible  when  the  blockade  has  been  raised. 

Art.  21.  A  vessel  found  guilty  of  breach  of  blockade  is  liable  to  condemnation. 
The  cargo  is  also  condemned  unless  it  is  proved  that  at  the  time  of  the  shipment 
of  the  goods  the  shipper  neither  knew  nor  could  have  known  of  the  intention  to 
break  the  blockade. 

The  vessel  is  condemned  in  all  cases.  The  cargo  is  also  condemned 
on  principle,  but  the  interested  party  is  allowed  to  oppose  a  plea  of 
good  faith ;  that  is  to  say,  to  prove  that  when  the  goods  were  shipped 
the  shipper  did  not  know  and  could  not  have  known  of  the  intention 
to  break  the  blockade. 

Chapter  II. — Contraband  of  War. 

This  chapter  is  one  of  the  most,  if  not  the  most,  important  of  the 
declaration.  It  deals  with  a  matter  which  has  sometimes  given  rise 
to  serious  disputes  between  belligerents  and  neutrals.  Therefore 
regulations  to  establish  exactly  the  rights  and  duties  of  each  have 
often  been  urgently  called  for.  Peaceful  trade  may  be  grateful  for 
the  precision  with  which  a  subject  of  the  highest  importance  to  its 
interests  is  now  for  the  first  time  treated. 

The  notion  of  contraband  of  war  connotes  two  elements:  It  con- 
cerns objects  of  a  certain  kind  and  with  a  certain  destination.  Can- 
nons, for  instance,  are  carried  in  a  neutral  vessel.  Are  they  contra- 
band? That  depends;  if  they  are  destined  for  a  neutral  government, 
no;  if  they  are  destined  for  an  enemy  government,  yes.  The  trade 
in  certain  articles  is  by  no  means  generally  forbidden  during  war; 
it  is  the  trade  with  the  enemy  in  these  articles  which  is  illicit,  and 
against  which  the  belligerent  to  whose  detriment  it  is  carried  on 
may  protect  himself  by  the  measures  allowed  by  international  law. 


295 

Articles  22  and  24  enumerate  the  articles  which  may  be  contraband 
of  war,  and  which  are  so  in  fact  when  they  liave  a  certain  destination 
laid  down  in  articles  30  and  33.  The  traditional  distinction  between 
absolute  and  conditional  contraband  is  maintained.  Articles  22  and 
30  refer  to  the  former,  and  articles  24  and  33  to  the  latter. 

Art.  22.  The  following  articles  may,  without  notice,"  be  treated  as  contraband 
of  war,  under  the  name  of  absolute  contraband: 

(1)  Arms  of  all  kinds,  including  arms  for  sporting  purposes,  and  their  dis- 
tinctive component  parts. 

(2)  Projectiles,  charges,  and  cartridges  of  all  Itiuds,  and  their  distinctive 
component  parts. 

(3)  Powder  and  e.xplosivos  specially  prepared  for  use  in  war. 

(4)  Gun  mountings,  limber  boxes,  limbers,  military  wagons,  field  forges,  and 
their  distinctive  component  parts. 

(5)  Clothing  and  equipment  of  a  distinctively  military  character. 

(6)  All  kinds  of  harness  of  a  distinctively  military  character. 

(7)  Saddle,  draft,  and  pack  animals  suitable  for  use  in  war. 

(8)  Articles  of  camp  equipment,  and  their  distinctive  component  parts. 

(9)  Armor  plates. 

(10)  Warships,  including  boats  and  their  distinctive  component  parts  of  su^h 
a  nature  that  they  can  only  be  use<l  on  a  vessel  of  war. 

(11)  Implements  and  apparatus  designed  exclusively  for  the  manufacture  of 
munitions  of  war,  for  the  manufacture  or  repair  of  arms,  or  war  material  for 
use  on  land  or  sea. 

This  list  is  that  drawn  up  at  the  second  peace  conference  by  the 
committee  charged  with  the  special  study  of  the  question  of  contra- 
band. It  was  the  result  of  mutual  concessions,  and  it  has  not  seemed 
wise  to  reopen  the  discussion  on  this  subject  for  the  purpose  either  of 
cutting  out  or  of  adding  articles. 

The  words  "  de  plein  droit "  (without  notice)  imply  that  the  pro- 
vision becomes  operative  by  the  mere  fact  of  the  war,  and  that  no 
declaration  by  the  belligerents  is  necessary.  Trade  is  already  warned 
in  time  of  peace. 

Art.  23.  Articles  exclusively  used  for  war  may  be  added  to  the  list  of  abso- 
lute contraband  by  a  declaration,  which  must  be  notified. 

Such  notification  must  be  addressed  to  the  governments  of  other  powers,  or 
to  their  representatives  accredited  to  the  power  making  the  declaration.  A 
notification  made  after  the  outbreak  of  hostilities  is  addressed  only  to  neutral 
powers. 

Certain  discoveries  or  inventions  might  make  the  list  in  article  22 
insuflicient.  An  addition  may  be  made  to  it  on  condition  that  it 
concerns  articles  exclusively  used  for  war.  This  addition  must  be 
notified  to  the  other  powers,  wdiich  will  take  the  necessary  measures 
to  inform  their  subjects  of  it.  In  theory  the  notification  may  l>e 
made  in  time  of  peace  or  of  war.  The  former  case  will  doubtless 
rarely  occur,  because  a  state  which  made  such  a  notification  mighi" 
be  suspected  of  meditating  a  w-ar;  it  would,  nevertheless,  have  the 
advantage  of  informing  trade  beforehand.  There  was  no  reason  for 
making  it  impossible. 

The  right  given  to  a  power  to  make  an  addition  to  the  list  by  a 
mere  declaration  has  been  thought  too  wide.  It  should  be  noticed 
that  this  right  does  not  involve  the  dangers  supposed.  In  the  first 
place,  it  is  understood  that  the  declaration  is  only  operative  for  the 

<»  In  view  of  the  difficulty  of  finding  an  exact  equivalent  in  English  for  the 
expression  "  de  plein  droit,"  It  has  been  decided  to  translate  it  by  the  words 
"  without  notice,"  which  represent  the  meaning  attached  to  it  by  the  draftsman 
of  the  present  General  Report  (see  next  page). 


296 

power  which  makes  it,  in  the  sense  that  the  article  added  will  only  be 
contraband  for  it,  as  a  belligerent :  other  states  nia}^  of  course,  also 
make  a  similar  declaration.  The  addition  may  only  refer  to  articles 
exclusively  used  for  war;  at  present  it  would  be  hard  to  mention  any 
such  articles  which  are  not  included  in  the  list.  The  future  is  left  free. 
If  a  power  claimed  to  add  to  the  list  of  absolute  contraband  articles 
not  exclusively  used  for  war,  it  might  expose  itself  to  dii)lomatic 
remonstrances,  because  it  would  be  disregarding  an  accepted  rule. 
Besides,  there  would  be  an  eventual  resort  to  the  international  prize 
court.  Suppose  that  the  court  holds  that  the  article  mentioned  in 
the  declaration  of  absolute  contraband  is  wrongl}'  placed  there 
because  it  is  not  exclusively  used  for  war,  but  that  it  might  have 
been  included  in  a  declaration  of  conditional  contraband.  Con- 
fiscation may  then  be  justified  if  the  capture  was  made  in  the  condi- 
tions laid  down  for  this  kind  of  contraband  (arts.  33-35)  which  differ 
from  those  enforced  for  absolute  contraband  (art.  30). 

It  had  been  suggested  that,  in  the  interest  of  neutral  trade,  a 
period  should  lapse  between  the  notification  and  its  enforcement. 
But  that  would  be  very  damaging  to  the  belligerent,  whose  object 
is  precisely  to  protect  himself,  since,  during  that  period,  the  trade 
in  articles  which  he  thinks  dangerous  would  be  free  and  the  effect 
of  his  measure  a  failure.  Account  has  been  taken,  in  another  form, 
of  the  considerations  of  equity  which  have  been  adduced  (see  art,  43). 

Art.  24.  The  followins  articles,  susceptible  of  use  in  war  as  well  as  for  pu»^ 
poses  of  peace,  may,  without  notice,"  be  treated  as  contraband  of  war,  under  the 
name  of  conditional  contraband : 

(1)  Foodstuffs. 

(2)  Forage  and  grain,  suitable  for  feeding  animals. 

(3)  Clothing,  fabrics  for  clothing,  and  boots  and  shoes,  suitable  for  use  In 
war. 

(4)  Gold  and  silver  in  coin  or  bullion;  paper  money. 

(5)  Vehicles  of  all  kinds  available  for  use  in  war,  and  their  component  parts. 

(6)  Vessels,  craft,  and  boats  of  all  kinds;  floating  docks,  parts  of  docks,  and 
their  component  parts. 

(7)  Railway  material,  both  fixed  and  rolling  stock,  and  material  for  tele- 
graphs, wireless  telegraphs,  and  telephones. 

(8)  Balloons  and  flying  machines  and  their  distinctive  component  paxts.  to- 
gether with  accessories  and  articles  recognizable  as  intended  for  use  in  connec- 
tion with  balloons  and  flying  machines. 

(9)  Fuel;  lubricants. 

(10)  Powder  and  explosives  not  specially  prepared  for  use  in  war. 

(11)  Barbed  wire  and  implements  for  fixing  and  cutting  the  same. 

(12)  Horseshoes  and  shoeing  materials. 

(13)  Harness  and  saddlery. 

(14)  Field  glasses,  telescopes,  chronometers,  and  all  kinds  of  nautical  instru- 
ments. 

On  the  expression  "de  plein  droit"  (without  notice)  the  same  re- 
mark must  be  made  as  with  regard  to  article  22.  The  articles  enu- 
merated are  only  conditional  contraband  if  they  have  the  destination 
specified  in  article  33. 

Foodstuffs  include  products  necessary  or  useful  for  sustaining  man, 
whether  solid  or  liquid. 

Paper  money  only  includes  inconvertible  paper  money,  i.  e.,  bank 
notes  which  may  or  not  be  legal  tender.  Bills  of  exchange  and 
checks  are  excluded, 

"See  note  to  art.  22. 


297 

Engines  and  boilers  are  included  in  (6). 

Kailway  material  includes  fixtures  (such  as  rails,  sleepers,  turn- 
tables, parts  of  bridges),  and  rolling  stock  (such  as  locomotives, 
carriages,  and  trucks). 

Art.  25.  Articles  susceptible  of  use  in  war  as  well  as  for  purposes  of  peace, 
other  than  those  enuniorated  in  articles  22  and  24,  may  be  added  to  the  list  of 
conditional  contraband  by  a  declaration,  which  must  be  notified  in  the  manner 
provided  for  in  the  second  paragraph  of  article  23. 

This  provision  corresponds,  as  regards  conditional  contraband,  to 
that  in  article  23  as  regards  absolute  contraband. 

Art.  26.  If  a  power  waives,  so  far  as  it  is  concerned,  the  right  to  treat  as 
contraband  of  war  an  article  comprised  in  any  of  the  classes  enumerated  in 
articles  22  and  24,  such  intention  shall  be  announced  by  a  declaration,  which 
must  be  notified  in  the  manner  provided  for  in  the  second  paragraph  of 
article  23. 

A  belligerent  may  not  wish  to  use  the  right  to  treat  as  contraband 
of  war  all  the  articles  included  in  the  above  lists.  It  may  suit  him  to 
add  to  conditional  contraband  an  article  included  in  absolute  contra- 
band or  to  declare  free,  so  far  as  he  is  concerned,  the  trade  in  some 
article  included  in  one  class  or  the  other.  It  is  desirable  that  he 
should  make  known  his  intention  on  this  subject,  and  he  will  prob- 
ably do  so  in  order  to  have  the  credit  of  the  measure.  If  he  does  not 
do  so,  but  confines  himself  to  giving  instructions  to  his  cruisers,  the 
vessels  searched  will  be  agreeably  surprised  if  the  searcher  does  not 
reproach  them  with  carrying  what  they  themselves  consider  contra- 
band. Nothing  can  prevent  a  power  from  making  such  a  declaration 
in  time  of  peace.     See  what  is  said  as  regards  article  23. 

Art.  27.  Articles  which  are  not  susceptible  of  use  in  war  may  not  be  declared 
contraband  of  war. 

The  existence  of  a  so-called  free  list  (art.  28)  makes  it  useful  thus 
to  put  on  record  that  articles  which  can  not  be  used  for  purposes  of 
war  may  not  be  declared  contraband  of  war.  It  might  have  been 
thought  that  articles  not  included  in  that  list  might  at  least  be 
declared  conditional  contraband. 

Art.  28.  The  following  may  not  be  declared,  contraband  of  war : 

(1)  Raw  cotton,  wool,  silk,  jute,  flax,  hemp,  and  other  raw  materials  of  the 
textil?  industries,  and  yarns  of  the  same. 

(2)  Oil  seeds  and  nuts;  copra. 

(3)  Rubber,  resins,  gums,  and  lacs;  hops. 

(4)  Raw  hides  and  horns,  bones,  and  ivory. 

(5)  Natural  and  artificial  manures,  including  nitrates  and  phosphates  for 
agricultural  purposes. 

(6)  Metallic  ores. 

(7)  Earths,  clays,  lime,  chalk;  stone,  including  marble,  bricks,  slates,  and 
tiles. 

(S)   Chinaware  and  glass. 

(9)  Paper  and  p.iper-makiug  materials. 

(10)  Soap,  paint  and  colors,  including  articles  exclusively  used  in  their  man- 
ufacture, and  varnish. 

(11)  Bleaching  powder,  soda  ash,  caustic  soda,  salt  cake,  ammonia,  sulphate 
of  annnonia,  and  sulphate  of  copper. 

(12)  Agricultural,  mining,  textile,  and  printing  machinery. 

(13)  I'recious  and  semiprecious  stones,  pearls,  mother-of-pearl,  and  coral. 

(14)  Clocks  and  watches,  other  than  chronometers. 

(15)  Fashion  and  fancy  goods. 

(16)  Feathers  of  all  kinds,  hairs,  and  bristles. 

(17)  Articles  of  household  furniture  and  decoration;  office  furniture  and 
requisites 


298 

To  lessen  the  drawbacks  of  war  as  regards  neutral  trade  it  has  beun 
tiiought  useful  to  draw  up  this  so-called  free  list,  but  this  does  not 
mean,  as  has  been  explained  above,  that  all  articles  outride  it  might 
be  declared  contraband  of  war. 

The  ores  here  referred  to  are  the  product  of  mines  from  which 
metals  are  derived. 

There  was  a  demand  that  dyestuffs  should  be  included  in  (10),  but 
this  seemed  too  general,  for  there  are  materials  from  which  colors  are 
derived,  such  as  coal,  which  also  have  other  uses.  Products  only  used 
for  making  colors  enjoy  the  exemption. 

'"Articles  de  Paris,"  an  expression  the  meaning  of  which  is  univer- 
sally understood,  come  under  (15). 

(IG)  refers  to  the  hair  of  certain  animals,  such  as  pigs  and  wild 
boars. 

Carpets  and  mats  come  under  household  furniture  and  orna- 
ments (17). 

Art.  29.  Likewise  the  following  may  not  be  treated  as  contraband  of  war: 

(1)  Articles  serving  exclusively  to  aid  the  sick  and  wounded.  They  can. 
however,  in  case  of  urgent  military  necessity  and  subject  to  the  payment  of 
compensation,  be  rsquisitioned.  if  their  destination  is  that  specified  in  article  30. 

(2)  Ai'ticles  intended  for  the  use  of  the  vessel  in  which  they  are  found,  as 
well  as  those  intended  for  the  use  of  her  crew  and  passengers  during  the  voyage. 

The  articles  enumerated  in  article  29  are  also  excluded  from  treat- 
ment as  contraband,  but  for  reasons  different  from  those  which  have 
led  to  the  inclusion  of  the  list  in  article  28. 

Motives  of  humanity  have  exempted  articles  exclusively  used  to  aid 
the  sick  and  wounded,  which,  of  course,  include  drugs  and  different 
medicines.  This  does  not  refer  to  hospital  ships,  which  enjoy  special 
immunity  under  the  convention  of  The  Hague  of  the  ISth  October, 
1907,  but  to  ordinary  merchant  vessels,  whose  cargo  includes  articles 
of  the  kind  mentioned.  The  cruiser  has,  however,  the  right,  in  case 
of  urgent  necessity,  to  requisition  such  articles  for  the  needs  of  her 
crew  or  of  the  fleet  to  which  she  belongs,  but  they  can  only  be  requisi- 
tioned on  payment  of  compensation.  It  must,  however,  be  observed 
that  this  right  of  requisition  may  not  be  exercised  in  all  cases.  The 
articles  in  question  must  have  the  destination  specified  in  article  30 — 
that  is  to  say,  an  enemy  destination.  Otherwise,  the  ordinary  law 
regains  its  sway ;  a  belligerent  could  not  have  the  right  of  requisition 
as  regards  neutral  vessels  on  the  high  seas. 

Articles  intended  for  the  use  of  the  vessel,  which  might  in  them- 
selves and  by  their  nature  be  contraband  of  war.  may  not  be  so 
treated ;  for  instance,  arms  intended  for  the  defense  of  the  vessel 
against  pirates  or  for  making  signals.  The  same  is  true  of  articles 
intended  for  the  use  of  the  crew  and  passengers  during  the  voyage; 
the  crew  here  includes  ill  persons  in  the  service  of  the  vessel  in 
general. 

Destination  of  contraband. — As  has  been  said,  the  second  element 
in  the  notion  of  contraband  is  destination.  Great  difficulties  have 
arisen  on  this  subject,  which  find  expression  in  the  theory  of  con- 
tinuous voyage,  so  often  attacked  or  adduced  without  a  clear  com- 
prehension or  its  exact  meaning.  Cases  must  simply  be  considered  on 
their  merits  so  as  to  see  how  they  can  be  settled  without  unnecessarily 
annoying  neutrals  or  sacrificing  the  legitimate  rights  of  belligerents. 


299 

III  order  to  effort  a  compromiso  between  conflicting  theories  and 
practices,  absolute  and  conditional  contraband  lia\e  been  differently 
treated  in  this  connection. 

Articles  30  to  32  refer  to  absolute,  and  articles  33  to  36  to  condi- 
tional contraband. 

Art.  30.  Absolute  contraband  Is  liable  to  capture  if  it  is  shown  to  be  dcstine<l 
to  territory  belonging  to  or  occupied  by  the  enemy,  or  to  the  armetl  forces  of 
the  enemy.  It  is  immaterial  whether  the  carriage  of  the  goods  is  direct  or 
entails  ti'an&shipment  or  a  subsequent  transport  by  land. 

The  articles  included  in  the  list  in  article  22  are  absolute  contra- 
band when  they  are  destined  for  territory  belonging  to  or  occupied  by 
the  enemy,  or  for  his  armed  militaiy  or  naval  forces.  These  articles 
are  liable  to  capture  as  soon  as  a  final  destination  of  this  kind  can  be 
shown  by  the  captor  to  exist.  It  is  not,  therefore,  the  destination 
of  the  vessel  which  is  decisive,  but  that  of  the  goods.  It  makes  no 
difference  if  these  goods  are  on  board  a  vessel  Avhich  is  to  discharge 
them  in  a  neutral  port;  as  soon  as  the  captor  is  able  to  show  that 
they  are  to  be  forwarded  from  there  by  land  or  sea  to  an  enemy 
country  it  is  enough  to  justify  the  capture  and  subsequent  condemna- 
tion of  the  cargo.  The  very  principle  of  continuous  voyage,  as 
regards  absnlute  contraband,  is  established  by  article  30.  The  jour- 
ney made  by  the  goods  is  regarded  as  a  whole. 

Art.  31.  Proof  of  the  destination  specified  in  article  30  is  complete  in  the 
following  cases : 

(1)  When  the  goods  are  documented  for  discharge  in  an  enemy  port,  or  for 
delivery  to  the  armed  forces  of  the  enemy. 

(2)  When  the  vessel  is  to  call  at  enemy  ports  only,  or  when  she  is  to  touch  at 
an  enemy  port  or  meet  the  armed  forces  of  the  enemy  before  reaching  the  neu- 
tral port  for  which  the  goods  in  question  are  documented. 

As  has  been  said,  the  obligation  of  proving  that  the  contraband 
goods  really  have  the  destination  specified  in  article  30  rests  with  the 
captor.  In  certain  cases  proof  of  the  destination  specified  in  article 
31  is  conclusive;  that  is  to  say,  the  proof  may  not  be  rebutted. 

First  case. — The  goods  are  documented  for  discharge  in  an  enemy 
port ;  that  is  to  say,  according  to  the  ship's  papers  referring  to  those 
goods,  they  are  to  be  discharged  there.  In  this  case  there  is  a  real 
admission  of  enemy  destination  on  the  part  of  tlie  interested  parties 
themselves. 

Second  case. — The  vessel  is  to  touch  at  enemy  ports  only,  or  she  is 
to  touch  at  an  enemy  port  before  reaching  the  neutral  port  for  which 
the  goods  are  documented,  so  that  although  these  goods,  according 
to  the  papers  referring  to  them,  are  to  be  discharged  in  a  neutral 
port,  the  vessel  carrying  them  is  to  touch  at  an  enemy  port  before 
reaching  that  neutral  port.  They  will  be  liable  to  capture,  and  the 
possibility  of  proving  that  their  neutral  destination  is  real  and  in 
accordance  with  the  intentions  of  the  parties  interested  is  not  ad- 
mitted. The  fact  that  before  reaching  that  destination  the  vessel 
will  touch  at  an  enemy  port  would  occasion  too  great  a  risk  for  the 
belligerent  whose  cruiser  searches  the  vessel.  Even  without  assum- 
ing that  there  is  intentional  fraud,  there  might  be  a  strong  tempta- 
tion for  the  master  of  the  merchant  vessel  to  discharge  the  contra- 
band, for  which  he  would  get  a  good  price,  and  for  the  local  author- 
ities to  requisition  the  goods. 

The  same  case  arises  where  the  vessel,  before  reaching  the  neutraJ 
port,  is  to  join  the  armed  forces  of  the  enemy. 


300 

For  the  sake  of  simplicity,  the  provision  only  speaks  of  an  enemy 
port,  but  it  is  understood  that  a  port,  oc<;upied  by  the  enemy  must 
be  regarded  as  an  enemy  port,  as  follows  from  the  general  rule  in 
article  30. 

Art.  32.  Where  a  vessel  is  carrying  abs<>lute  contraband,  her  papers  are  con- 
elusive  proof  as  to  the  voyage  on  which  she  is  engaged,  unless  she  is  found 
clearly  out  of  the  course  indicated  by  her  papers  and  unable  to  give  adequate 
reasons  to  justify  such  deviation. 

The  papers  therefore  are  conclusive  proof  of  the  course  of  the 
vessel,  unless  she  is  encountered  in  circumstances  which  show  that 
their  statements  are  not  to  be  trusted.  See  also  the  explanations  given 
as  regards  article  35. 

Art.  33.  Conditional  contraband  is  liable  to  capture  if  it  is  shown  to  be 
destined  for  the  use  of  the  armed  forces  or  of  a  government  department  of  the 
enemy  state,  unless  in  this  latter  case  the  circumstances  show  that  the  goods 
can  not  in  fact  be  used  for  the  purposes  of  the  war  in  progress.  This  latter 
exception  does  not  apply  to  a  consignment  coming  under  article  24   (4). 

The  rules  for  conditional  contraband  differ  from  those  laid  down 
for  absolute  contraband  in  two  respects:  (1)  There  is  no  question 
of  destination  for  the  enemy  in  general,  but  of  destination  for  the 
u.se  of  his  armed  forces  or  government  departments;  (2)  the  doctrine 
of  continuous  voj^age  is  excluded.  Articles  33  and  34  refer  to  the  first 
and  article  35  to  the  second  principle. 

The  articles  included  in  the  list  of  conditional  contraband  may 
serve  for  peaceful  uses  as  well  as  for  hostile  purposes.  If  from  the 
circumstances  the  peaceful  purpose  is  clear,  their  capture  is  not  justi- 
fied; it  is  otherwise  if  a  hostile  purpose  is  to  be  assumed,  as,  for 
instance,  in  the  case  of  foodstuffs  destined  for  an  enemy  army  or 
fleet,  or  of  coal  destined  for  an  enemy  fleet.  In  such  a  case  there  is 
clearly  no  room  for  doubt.  But  what  is  the  solution  when  the  articles 
are  destined  for  the  civil  government  departments  of  the  enemy  state  ? 
It  may  be  money  sent  to  a  government  department  for  use  in  the  pay- 
ment of  its  official  salaries,  or  rails  sent  to  a  department  of  public 
works.  In  these  cases  there  is  enemy  destination  which  renders  the 
goods  liable  in  the  first  place  to  capture  and  in  the  second  to  con- 
demnation. The  reasons  for  this  are  at  once  legal  and  practical. 
The  state  is  one,  although  it  necessarily  acts  through  different  depart- 
ments. If  a  civil  department  may  freely  receive  foodstuffs  or  money, 
that  department  is  not  the  only  gainer,  but  the  entire  state,  including 
its  military  administration,  gains  also,  since  the  general  resources  of 
the  state  are  thereby  increased.  Further,  the  receipts  of  a  civil  de- 
partment may  be  considered  of  greater  use  to  the  military  adminis- 
tration and  directly  assigned  to  the  latter.  Money  or  foodstuffs  really 
destined  for  a  civil  department  may  thus  come  to  be  used  directly  for 
the  needs  of  the  army.  This  possibility,  which  is  always  present, 
shows  why  destination  for  the  departments  of  the  enemy  state  is 
assimilated  to  that  for  its  armed  forces. 

It  is  the  departments  of  the  state  which  are  dependent  on  the 
central  power  that  are  in  question  and  not  all  the  departments 
which  may  exist  in  the  enemy  state;  local  and  municipal  bodies,  for 
instance,  are  not  included,  and  articles  destined  for  their  use  would 
not  be  contraband. 

War  may  be  waged  in  such  circumstances  that  destination  for  the 
use  of  a  civil  department  can  not  be  suspect,  and  consequently  can 


tr> 


301 

not  make  o^oods  contraband.  For  instance,  there  is  a  war  in  Europe, 
and  the  colonies  of  the  belligerent  countries  are  not  in  fact  atl'ected 
by  it.  Foodstuli's  or  other  articles  in  the  list  of  conditional  contra- 
band destined  for  the  use  of  the  civil  government  of  a  colony  would 
not  be  hold  to  be  contraband  of  war,  because  the  considerations 
adduced  above  do  not  apply  to  their  case;  the  resources  of  the  civil 
government  can  not  be  drawn  on  for  the  needs  of  the  war.  Gold, 
silver,  or  paper  money  are  exceptions,  because  a  sum  of  money  can 
easily  be  sent  from  one  end  of  the  world  to  the  other. 

Art.  34.  The  dostination  rcforrod  to  in  article  ?>?>  is  i)re.siiiniefl  to  exist  if  the 
goods  are  cousiKiicd  to  enemy  autlioritie.s,  or  to  a  contnictor  established  in  the 
enemy  country,  who,  as  a  matter  of  conmiou  knowledge,  supplies  articles  of  this 
kind  to  the  enemy.  A  similar  presumption  arises  if  tlie  goods  are  consigned 
to  a  fortified  place  belonging  to  the  enemy,  or  other  place  serving  as  a  base  for 
the  armed  forces  of  the  enemy.  No  such  presiimpion,  however,  arises  in  the 
case  of  a  merchant  ves!«el  bound  for  one  of  these  places  if  it  is  sought  to  prove 
that  she  herself  is  contraband. 

In  cases  where  the  above  presumptions  do  not  arise,  the  destination  is  pre- 
sumed to  be  innocent. 

The  presumptions  set  up  by  this  article  may  be  rebutted. 

Contraband  articles  will  not  usually  be  directly  addressed  to  the 
military  authorities  or  to  the  government  departments  of  the  enemj' 
state.  Their  true  destination  will  be  more  or  less  concealed,  and  the 
captor  must  prove  it  in  order  to  justify  their  capture.  But  it  has 
been  thought  reasonable  to  set  up  presumptions  based  on  the  nature 
of  the  person  to  whom,  or  place  for  which,  the  articles  are  destined. 
It  may  be  an  enemy  authority  or  a  trader  established  in  an  enemy 
country  who,  as  a  matter  of  common  knowledge,  supplies  the  enemy 
government  with  articles  of  the  kind  in  question.  It  may  be  a 
fortified  place  belonging  to  the  enemy  or  a  place  used  as  a  base, 
whether  of  operations  or  of  supply,  for  the  armed  forces  of  the  enemy. 

This  general  presumption  may  not  be  applied  to  the  merchant  ves- 
sel her.self  on  her  way  to  a  fortified  place,  though  she  may  in  herself 
be  conditional  contraband,  but  only  if  her  destination  for  the  use 
of  the  armed  forces  or  government  departments  of  the  enemy  state 
is  directly  proved. 

In  the  absence  of  the  above  presumptions,  the  destination  is  pre- 
sumed to  be  innocent.  That  is  the  ordinary  law,  according  to  which 
the  ca]^tor  must  prove  the  illicit  character  of  the  goods  which  he 
claims  to  capture. 

Finally,  all  the  presumptions  thus  set  up  in  the  interest  of  the 
captor  or  against  him  may  be  rebutted.  The  national  tribunals,  in 
the  first  place,  and,  in  the  second,  the  international  court,  will  exercise 
their  judgment. 

Art.  35.  Conditional  contraband  is  not  liable  to  capture,  except  when  found 
on  board  a  vessel  bound  for  territory  belonging  to  or  occupied  by  the  enemy. 
or  for  the  armed  forces  of  the  enemy,  and  when  it  is  not  to  be  discharged  in  an 
intervening  neutral  port. 

The  ship's  jiapers  are  conclusive  i)roof  both  as  to  the  voyage  on  which  the 
vessel  is  engaged  and  as  to  the  port  of  discharge  of  the  goods,  unless  she  is  found 
clearly  out  of  the  course  indicated  by  her  papers,  and  unable  to  give  adequate 
reasons  to  justify  such  deviation. 

As  has  been  said  above,  the  doctrine  of  continuous  voyage  is 
excluded  for  conditional  contraband,  which  is  only  liable  to  capture 
when  it  is  to  be  discharged  in  an  enemy  port.  As  soon  as  the  goods 
are  documented  for  discharge  in  a  neutral  port  they  can  no  longer 


302 

be  contraband,  and  no  examination  will  be  made  as  to  whether  they 
are  to  be  forwarded  to  the  enemy  by  sea  or  land  from  that  neutral 
port.  It  is  here  that  the  case  of  absolute  contraband  is  essentially 
diti'erent. 

The  ship's  papers  furnish  complete  proof  as  to  the  voyage  on  which 
the  vessel  is  engaged  and  as  to  the  place  where  the  cargo  is  to  be 
discharged;  but  this  would  not  be  so  if  the  vessel  were  encountered 
clearly  out  of  the  course  which  she  should  follow  according  to  her 
papers,  and  unable  to  give  adequate  reasons  to  justify  such  deviation. 

This  rule  as  to  the  proof  furnished  by  the  ship's  papers  is  intended 
to  prevent  claims  frivolously  raised  by  a  cruiser  and  giving  rise  to 
unjustifiable  captures.  It  must  not  be  too  literally  interpreted,  for 
that  would  make  all  frauds  easy.  Thus  it  does  not  hold  good  when 
the  vessel  is  encountered  at  sea  clearly  out  of  the  course  which  she 
ought  to  have  followed,  and  unable  to  justify  such  deviation.  The 
ship's  papers  are  then  in  contradiction  with  the  true  facts  and  lose 
all  value  as  evidence;  the  cruiser  will  be  free  to  decide  according 
to  the  merits  of  the  case.  In  the  same  way,  a  search  of  the  vessel 
may  reveal  facts  which  irrefutably  prove  that  her  destination  or  the 
place  where  the  goods  are  to  be  discharged  is  incorrectly  entered  in 
the  ship's  papers.  The  commander  of  the  cruiser  is  then  free  to 
judge  of  the  circumstances  and  capture  the  vessel  or  not  according 
to  his  judgment.  To  resume,  the  ship's  papers  are  proof,  unless 
facts  show  their  evidence  to  be  false.  This  qualification  of  the  value 
of  the  ship's  papers  as  proof  seems  self-evident  and  unworthy  of 
special  mention.  The  aim  has  been  not  to  appear  to  weaken  the 
force  of  the  general  rule,  w^hich  forms  a  safeguard  for  neutral  trade. 

It  does  not  follow  that  because  a  single  entry  in  the  ship's  papers 
is  shown  to  be  false  their  evidence  loses  its  value  as  a  whole.  The 
entries  which  can  not  be  proved  false  retain  their  value. 

Art.  36.  Notwithstandiug  the  provisions  of  article  35,  conditional  contraband, 
if  shown  to  have  the  destination  referred  to  in  article  33,  is  liable  to  capture  in 
cases  where  the  enemy  country  has  no  seaboard. 

The  case  contemplated  is  certainly  rare,  but  has  nevertheless 
arisen  in  recent  wars.  In  the  case  of  absolute  contraband,  there  is 
no  difficulty,  since  destination  for  the  enemy  may  alwa3^s  be  proved, 
whatever  the  route  by  which  the  goods  are  sent  (art.  30).  For  con- 
ditional contraband  the  case  is  different,  and  an  exception  must  be 
made  to  the  general  rule  laid  down  in  article  35,  paragraph  1,  so  as 
to  allow  the  captor  to  prove  that  the  suspected  goods  really  have  the 
special  destination  referred  to  in  article  33  without  the  possibility  of 
being  confronted  by  the  objection  that  they  were  to  be  discharged 
in  a  neutral  port. 

Art.  37.  A  vessel  carrying  goods  liable  to  capture  as  absolute  or  conditional 
contraband  may  be  captured  on  the  high  seas  or  in  the  territorial  waters  of  the 
belligerents  throughout  the  whole  of  her  voyage,  even  if  she  is  to  touch  at  a 
port  of  call  before  reaching  the  hostile  destination. 

The  vessel  may  be  captured  for  contraband  during  the  whole  of 
lier  voyage,  provided  that  she  is  in  waters  where  an  act  of  war  is 
lawful.  The  fact  that  she  intends  to  touch  at  a  port  of  call  before 
reaching  the  enemy  destination  does  not  prevent  capture,  provided 
that  destination  in  her  particular  case  is  proved  in  conformity  with 
the  rules  laid  down  in  articles  30  to  32  for  absolute,  and  in  articles 


303 

33  to  35  for  conditional  contraband,  subject  to  the  exception  pro- 
vided for  in  article  30. 

Abt.  38.  A  vessel  may  uot  be  captured  on  the  ground  that  she  has  carried 
contraband  on  a  previous  occasion  if  such  carriage  is  in  point  of  fact  at  an  end. 

A  vessel  is  liable  to  capture  for  carrying  contraband,  but  not  for 
having  done  so. 

Abt.  39.  Contraband  goods  are  liable  to  condemnation. 
This  presents  no  difficulty. 

Abt,  40.  A  vessel  carrying  contraband  may  be  condemned  if  the  contraband, 
reckoned  either  by  value,  weight,  volume,  or  freight,  forms  more  than  half  the 
cargo. 

It  was  universally  admitted  that  in  certain  cases  the  condemnation 
of  the  contraband  is  not  enough,  and  that  the  vessel  herself  should 
also  be  condemned,  but  opinions  differed  as  to  what  these  cases  were. 
It  was  decided  that  the  contraband  must  bear  a  certain  proportion 
to  the  total  cargo.  But  the  question  divides  itself  into  two  parts: 
(1)  What  shall  be  the  proportion?  The  solution  adopted  is  the  mean 
between  those  proposed,  which  varied  from  a  quarter  to  three-quar- 
ters. (2)  How  shall  this  proportion  be  reckoned?  Must  the  contra- 
band form  more  than  half  the  cargo  in  volume,  weight,  value,  or 
freight?  The  adoption  of  a  single  fixed  standard  gives  rise  to  theo- 
retical objections,  and  also  to  practices  intended  to  avoid  condemna- 
tion of  the  vessel  in  spite  of  the  importance  of  the  cargo.  If  the 
standard  of  volume  or  weight  is  adopted,  the  master  will  ship  inno- 
cent goods,  occupying  space,  or  of  weight,  sufficient  to  exceed  the 
contraband.  A  similar  remark  may  be  made  as  regards  the  standard 
of  value  or  freight.  The  consequence  is  that  in  order  to  justify 
condemnation,  it  is  enough  that  the  contraband  should  form  more 
than  half  the  cargo  by  any  one  of  the  above  standards.  This  may 
seem  harsh;  but,  on  the  one  hand,  any  other  system  would  make 
fraudulent  calculations  easy,  and,  on  the  other,  the  condemnation 
of  the  vessel  may  be  said  to  be  justified  when  the  carriage  of  contra- 
band formed  an  important  part  of  her  venture — a  statement  which 
applies  to  all  the  cases  specified. 

Abt.  41.  If  a  vessel  carrying  contraband  is  released,  she  may  be  condemned 
to  pay  the  costs  and  expenses  incurred  by  the  captor  in  respect  of  the  proceed- 
ings in  the  national  prize  court  and  the  custody  of  the  ship  and  cargo  during 
the  proceedings. 

It  is  not  just  that,  on  the  one  hand,  the  carriage  of  more  than  a 
certain  proportion  of  contraband  should  involve  the  condemnation  of 
the  vessel,  while  if  the  contraband  forms  less  than  this  proportion, 
it  alone  is  confiscated.  This  oft^n  involves  no  loss  for  the  master, 
the  freight  of  this  contraband  having  been  paid  in  advance.  Does 
this  not  encourage  trade  in  contraband,  and  ought  not  a  certain  pen- 
alty to  be  imposed  for  the  carriage  of  a  proportion  of  contraband 
less  than  that  required  to  entail  condemnation?  A  kind  of  fine  was 
proposed  which  should  bear  a  relation  to  the  value  of  the  contra- 
band articles.  Objections  of  various  sorts  were  brought  forward 
against  this  proposal,  although  the  principle  of  tlie  infliction  of  some 
kind  of  pecuniary  loss  for  the  carriage  of  contraband  seemed  justified. 
The  same  object  was  attained  in  another  way  by  providing  that 
the  costs  and  expenses  incurred  by  the  captor  in  respect  of  the  pro- 


304 

ceedings  in  the  national  prize  court  and  of  the  custody  of  the  vessel 
and  of  her  cargo  during  the  proceedings  are  to  be  paid  by  the 
vessel.  The  expenses  of  the  custody  of  the  vessel  include  in  this 
case  the  keep  of  the  captured  vessel's  crew.  It  should  be  added  that 
the  loss  to  a  vessel  by  being  taken  to  a  prize  port  and  kept  there  is 
the  most  serious  deterrent  as  regards  the  carriage  of  contraband. 

Abt.  42.  Goods  which  belong  to  the  owner  of  the  contraband  and  are  on  board 
the  same  vessel  are  liable  to  condemnation. 

The  owner  of  the  contraband  is  punished  in  the  first  place  by  the 
condemnation  of  his  contraband  property;  and  in  the  second  by  that 
of  the  goods,  even  if  innocent,  which  he  may  possess  on  board  the 
same  vessel. 

Art.  43.  If  a  vessel  is  encountered  at  sea  while  unaware  of  the  outbreak  of 
hostillities  or  of  the  declaration  of  contraband  which  applies  to  her  cargo,  the 
contraband  can  not  be  condemned  except  on  payment  of  compensation ;  the 
vessel  herself  and  the  remainder  of  the  cargo  are  not  liable  to  condemnation  or 
to  the  costs  and  expenses  referred  to  in  article  41.  The  same  rule  applies  if 
the  master,  after  becoming  aware  of  the  outbreak  of  hostilities,  or  of  the  dec- 
laration of  contraband,  has  had  no  opportunity  of  discharging  the  contraband. 

A  vessel  is  deemed  to  be  aware  of  the  existence  of  a  state  of  war,  or  of  a 
declaration  of  contraband,  if  she  left  a  neutral  port  suhstniuently  to  the  notifica- 
tion to  the  power  to  which  such  port  belongs  of  the  outbreak  of  hostilities,  oj 
of  the  declaration  of  contraband,  provided  such  notification  was  made  in  sufli- 
cient  time.  A  vessel  is  also  deemed  to  be  aware  of  the  existence  of  a  state  of 
war  if  she  left  an  enemy  port  after  the  outbreak  of  hostilities. 

This  provision  is  intended  to  spare  neutrals  who  might  in  fact  be 
carrying  contraband,  but  against  whom  no  charge  could  be  made. 
This  may  arise  in  two  cases:  The  first  is  that  in  which  they  are 
unaware  of  the  outbreak  of  hostilities;  the  second  is  that  in  which, 
though  aware  of  this,  they  do  not  know  of  the  declaration  of  con- 
traband made  by  a  belligerent,  in  accordance  with  articles  23  and 
25,  which  is,  as  it  happens,  the  one  applicable  to  the  whole  or  a  part 
of  the  cargo.  It  would  be  unjust  to  capture  the  ship  and  condemn 
the  contraband;  on  the  other  hand,  the  cruiser  can  not  be  obligated  to 
let  go  on  to  the  enemy  goods  suitable  for  use  in  the  war  of  which  he 
man  stand  in  urgent  need.  These  opposing  interests  are  reconciled 
by  making  condemnation  conditional  on  the  payment  of  compensa- 
tion. (See  the  convention  of  the  18th  October,  1907,  on  the  rules  for 
enemy  merchant  vessels  on  the  outbreak  of  hostilities,  which  expresses 
a  similar  idea.) 

Art.  44.  A  vessel  which  has  been  stopped  on  the  ground  that  she  is  carrying 
contraband,  and  which  is  not  liable  to  condemnation  on  account  of  the  propor- 
tion of  contraband  on  board,  may,  when  the  circumstances  permit,  be  allowed 
to  continue  her  voyage  if  the  master  is  willing  to  hand  over  the  contraband  to 
the  belligerent  warship. 

The  delivery  of  the  contraband  must  be  entered  by  the  captor  on  the  logbook 
of  the  vessel  stopped,  and  the  master  must  give  the  captor  duly  certified  copies 
of  all  relevant  papers. 

The  captor  is  at  liberty  to  destroy  the  contraband  that  has  been  handed  over 
to  him  under  these  conditions. 

A  neutral  vessel  is  stopped  for  carrying  contraband.  She  is  not 
liable  to  condemnation,  because  the  contraband  does  not  reach  the 
proportion  specified  in  article  40.  She  can,  nevertheless,  be  taken  to 
a  prize  port  for  judgment  to  be  passed  on  the  contraband.  This 
right  of  the  captor  appears  too  wide  in  certain  cases,  if  the  importance 
of  the  contraband,  po.ssibly  slight  (for  instance,  a  case  of  guns  or 


305 

revolvers),  is  compared  with  the  heavy  loss  incurred  by  the  vessel 
by  being  thus  turned  out  of  lier  course  and  detained  during  tlie  time 
taken  up  by  the  proceedings.  The  question  has,  therefore,  been  asked 
whether  the  right  of  the  neutral  vessel  to  continue  her  voyage  might 
not  be  admitted  if  the  contraband  articles  were  handed  over  to  the 
captor,  who,  on  his  part,  might  only  refuse  to  receive  them  for  sufli- 
cient  reasons,  for  instance,  the  rough  state  of  the  sea,  which  would 
make  transshipment  dillicult  or  imi)ossible,  well-founded  suspicions 
as  to  the  amount  of  contraband  which  the  merchant  vessel  is  really 
carrying,  the  diliiculty  of  stowing  the  articles  on  board  the  warship, 
etc.  This  proposal  did  not  gain  suilicient  support.  It  was  alleged 
to  be  impossible  to  impose  such  an  obligation  on  the  cruiser,  for 
which  this  handing  over  of  goods  would  almost  always  have  draw- 
backs. If,  by  chance,  it  has  none,  the  cruiser  will  not  refuse  it, 
because  she  herself  will  gain  by  not  being  turned  out  of  her  course  by 
having  to  take  the  vessel  to  a  port.  The  idea  of  an  obligation  hav- 
ing tlius  been  excluded,  it  was  decided  to  provide  for  the  voluntary 
handing  over  the  contraband,  which,  it  is  hoped,  will  be  carried 
cut  whenever  possible,  to  the  great  advantage  of  both  parties.  The 
formalities  provided  for  are  very  simple  and  need  no  explanation. 

There  must  be  a  judgment  of  a  ])rize  court  as  regards  the  goods 
thus  handed  over.  For  this  purpose  the  captor  must  be  furnished 
with  the  necessary  papers.  It  may  be  supposed  that  there  might  be 
doubt  as  to  the  character  of  certain  articles  which  cruiser  claims  as 
contraband ;  the  master  of  the  merchant  vessel  contests  this  claim,  but 
prefers  to  deliver  them  up  so  as  to  be  at  liberty  to  continue  his  voyage. 
This  is  merely  a  capture  which  has  to  be  confirmed  by  the  prize  court. 

The  contraband  delivered  up  by  the  merchant  vessel  may  hamper 
the  cruiser,  which  must  be  left  free  to  destroy  it  at  the  moment  of 
handing  over,  or  later. 

Chapter  III. — Unneutral  Service. 

In  a  general  way,  it  may  be  said  that  the  merchant  vessel  which 
violates  neutrality,  whether  by  carrying  contraband  of  war  or  by 
breaking  blockade,  affords  aid  to  the  enemy,  and  it  is  on  this  ground 
that  the  belligerent  whom  she  injures  by  her  acts  is  justified  in  inflict- 
ing on  her  certain  losses.  But  there  are  cases  where  such  unneutral 
service  bears  a  particularly  distinctive  character,  and  for  Such  cases 
it  has  been  thought  necessary  to  make  special  provision.  They  have 
been  divided  into  two  classes  according  to  the  gravity  of  the  act  of 
which  the  neutral  vessel  is  accused. 

In  the  cases  included  in  the  first  class  (art.  45),  the  vessel  is  con- 
demned, and  receives  the  treatment  of  a  vessel  subject  to  condemna- 
tion for  carrying  contraband.  This  means  that  the  vessel  does  not 
lose  her  neutral  character  and  has  a  full  claim  to  the  rights  enjoyed 
by  neutral  vessels;  for  instance,  she  may  not  be  destroyed  by  the 
captor  except  under  the  conditions  laid  down  for  neutral  vessels 
(arts.  48  et  seq.)  ;  the  rule  that  the  flag  covers  the  goods  applies  to 
goods  she  carries  on  board. 

In  the  more  serious  cases  which  belong  to  the  second  class  (art.  46), 
the  vessel  is  again  condemned;  but  further,  she  is  treated  not  only 
as  a  vessel  subject  to  condemnation  for  carrying  contraband,  but  as 
an  enemy  merchant  vessel,  which  treatment  entails  certain  conse- 
quences.    The  rules  governing  the  destruction  of  neutral  prizes  does 


306 

not  apply  to  the  vessel,  and  as  she  has  become  an  enemy  vessel,  it  is 
no  longer  the  second  but  the  third  rule  of  the  declaration  of  Paris 
which  is  applicable.  The  goods  on  board  will  be  presumed  to  be 
enemy  goods;  neutrals  will  have  the  right  to  claim  their  property  on 
establishing  their  neutrality  (art.  59).  It  would,  however,  be  going 
too  far  to  say  that  the  original  neutral  character  of  the  vessel  is  com- 
pletely lost,  so  that  she  should  be  treated  as  though  she  had  always 
been  an  enemy  vessel.  The  vessel  may  plead  that  the  allegation 
made  against  her  has  no  foundation  in  fact,  that  the  act  of  which  she 
is  accused  has  not  the  character  of  unneutral  service.  She  has,  there- 
fore, the  right  of  a]>peal  to  the  international  court  in  virtue  of  the 
provisions  which  protect  neutral  property. 

Art.  45.  A  neutral  vessel  will  be  condemned  and  will,  in  a  general  way,  receive 
the  same  treatment  as  a  neutral  vessel  liable  to  condemnation  for  carriage  of 
contraband — 

(1)  If  she  is  on  a  voyage  specially  undertaken  with  a  view  to  the  transport  of 
individual  passengers  who  are  embodied  in  the  armed  forces  of  the  enemy,  or 
with  a  view  to  the  transmission  of  intelligence  in  the  interest  of  the  enemy. 

(2)  If,  to  the  knowledge  of  either  the  owner,  the  charterer,  or  the  master, 
she  is  transporting  a  military  detachment  of  the  enemy,  or  one  or  more  persons 
who,  in  the  course  of  the  voyage,  directly  assist  the  operations  of  the  enemy. 

In  the  cases  specified  under  the  above  heads,  goods  belonging  to  the  owner  of 
the  vessel  are  likewise  liable  to  condemnation. 

The  provisions  of  the  present  article  do  not  apply  if  the  vessel  is  encountered 
at  sea  while  unaware  of  the  outbreak  of  hostilities,  or  if  the  master,  after  be- 
coming aware  of  the  outbreak  of  hostilities,  has  had  no  opportunity  of  disem- 
barking the  passengers.  The  vessel  is  deemed  to  be  aware  of  the  existence  of 
a  state  of  war  if  she  left  an  enemy  port  subsequently  to  the  outbreak  of  hos- 
tilities or  a  neutral  port  subsequently  to  the  notification  of  the  outbreak  of 
hostilities  to  the  power  to  which  such  port  belongs,  provided  that  such  notifica- 
tion was  made  in  sufficient  time. 

The  first  case  supposes  passengers  traveling  as  individuals;  the 
case  of  a  militarv  detachment  is  dealt  with  hereafter.  The  case  is 
that  of  individuals  embodied  in  the  armed  military  or  naval  forces 
of  the  enemy.  There  was  some  doubt  as  to  the  meaning  of  this 
word.  Does  it  include  those  individuals  only  who  are  summoned  to 
serve  in  virtue  of  the  law  of  their  country  and  who  have  really  joined 
the  corps  to  which  they  are  to  belong?  Or  does  it  also  include  such 
individuals  from  the  moment  when  they  are  summoned  and  before 
they  join  that  corps?  The  question  is  of  great  practical  importance. 
Supposing  the  case  is  one  of  individuals  who  are  natives  of  a  con- 
tinental European  country  and  are  settled  in  America;  these  indi- 
viduals have  military  obligations  toward  their  country  of  origin; 
they  have,  for  instance,  to  belong  to  the  reserve  of  the  active  army 
of  that  country.  Their  country  is  at  war  and  they  sail  to  perform 
their  service.  Shall  they  be  considered  as  embodied  in  the  sense  of 
the  provision  which  we  are  discussing?  If  we  judged  by  the  munici- 
pal law  of  certain  countries  we  might  argue  that  they  should  be  so 
considered.  But,  apart  from  reasons  of  pure  law.  the  contrary  opin- 
ion has  seemed  more  in  accordance  with  practical  necessity  and  has 
been  accepted  by  all  in  a  spirit  of  conciliation.  It  would  be  difficult, 
perhaps  even  impossible,  without  having  recourse  to  vexatious  meas- 
ures to  which  neutral  governments  would  not  unwillingly  submit,  to 
pick  out  among  the  passengers  in  a  vessel  those  who .  are  bound  to 
perform  militarv  service  and  are  on  their  way  to  do  so. 

The  transmission  of  intelligence  in  the  interest  of  the  enemy  is  to 
be  treated  in  the  same  way  as  the  carriage  of  passengers  embodied 


307 

in  his  armed  force.  The  refeiencc  to  a  vessel  especially  undertaking 
a  voyage  is  intended  to  show  that  her  usual  service  is  not  meant. 
She  has  been  turned  from  her  course;  she  has  touched  at  a  port 
which  she  does  not  ordinarily  visit  in  order  to  eml)ark  the  passengers 
in  question.  She  need  not  be  exclusively  devoted  (o  the  service  of 
the  enemy;  that  case  would  come  into  the  second  class  (art.  5G  (4)). 

In  the  two  cases  just  mentioned  the  vessel  has  performed  but  a 
single  service;  she  has  been  employed  to  carry  certain  people,  or  to 
transmit  certain  intelligence;  she  is  not  continuously  in  the  service  of 
the  enemy.  In  consequence  she  may  be  captured  during  the  voyage 
on  which  she  is  performing  the  service  which  she  has  to  render. 
Once  that  voyage  is  finished,  all  is  over,  in  the  sense  that  she  may  not 
be  captured  for  having  rendered  the  service  in  question.  The  prin- 
ciple is  the  same  as  that  recognized  in  the  case  of  contraband  (art.  38). 

Tlio  second  case  also  falls  under  two  heads. 

There  is,  first,  the  carriage  of  a  military  detachment  of  the  enemy, 
or  that  of  one  or  more  persons  who  during  the  voyage  directly  assist 
his  operations,  for  instance,  by  signaling.  If  these  people  are  soldiers 
or  sailors  in  uniform  there  is  no  dillicult}^,  the  vessel  is  clearly  liable 
for  condemnation.  If  they  are  soldiers  or  sailors  in  mufti,  Avho  might 
be  mistaken  for  ordinary  passengers,  knowledge  on  the  part  of  the 
master  or  owner  is  required,  the  charterer  being  assimilated  to  the 
latter.  The  rule  is  the  same  in  the  case  of  persons  directly  assisting 
the  enemy  during  the  voyage. 

In  these  cases,  if  the  vessel  is  condemned  for  unneutral  service,  the 
goods  belonging  to  her  owner  are  also  liable  to  condemnation. 

These  provisions  assume  that  the  state  of  war  was  known  to  the 
vessel  engaged  in  the  operations  specified;  such  knowledge  is  the 
reason  and  justification  of  her  condemnation.  The  position  is  alto- 
gether different  Avhen  the  vessel  is  unaware  of  the  outbreak  of  hostili- 
ties, so  that  she  undertakes  the  service  in  ordinary  circumstances. 
She  may  have  learned  of  the  outbreak  of  hostilities  while  at  sea,  but 
have  had  no  chance  of  landing  the  persons  whom  she  was  carrying. 
Condemnation  would  then  be  unjust,  and  the  equitable  rule  adopted 
is  in  accordance  with  the  provisions  already  accepted  in  other  matters. 
If  a  vessel  has  left  an  enemy  port  subsequently  to  the  outbreak  of 
hostilities,  or  a  neutral  port  after  that  outbreak  has  been  notified  to 
the  power  to  whom  such  port  belongs,  her  knowledge  of  the  existence 
of  a  state  of  war  will  be  presumed. 

The  question  here  is  merely  one  of  preventing  the  condemnation 
of  the  vessel.  The  persons  found  on  board  her  who  belong  to  the 
armed  forces  of  the  enemy  may  be  made  prisoners  of  war  by  the 
cruiser. 

Art.  40.  A  neutral  vessel  is  liable  to  condemnation  and,  in  a  general  way,  to 
the  SI  me  treatment  as  would  be  applicable  to  her  if  she  were  an  enemy  merchant 
vessel — 

(1)  If  she  takes  a  direct  part  in  the  hostilities. 

(2)  If  she  is  under  the  orders  or  control  of  an  agent  placed  on  board  by  the 
enemy  government. 

(8)   If  she  is  in  the  exclusive  employment  of  the  enemy  government. 

(4)  If  she  is  exclusively  engaged  at  the  time  either  in  the  transport  of  enemy 
troops  nr  in  tlie  trHusniission  of  intelligence  in  the  interest  of  the  enemy. 

In  the  cases  covered  by  the  present  article,  goods  belonging  to  the  owner  of 
the  vessel  are  likewise  liable  to  condemnation. 

76844°— S.  Doc.  1063,  62-3 21 


308 

The  cases  here  contemplated  are  more  serious  than  those  in  article 
45.  which  justifies  the  severer  treatment  inflicted  on  the  vessel,  as 
explained  above. 

First  case. — The  vessel  takes  a  direct  part  in  the  hostilities.  This 
may  take  different  forms.  It  is  needless  to  say  that,  in  an  armed 
conflict,  the  vessel  takes  all  the  risks  incidental  thereto.  We  sup- 
pose her  to  have  fallen  into  the  power  of  the  enemy  whom  she  was 
fighting,  and  who  is  entitled  to  treat  her  as  an  enemy  merchant  vessel. 

Second  case. — The  vessel  is  under  the  orders  or  control  of  an  agent 
placed  on  board  by  the  enemy  government.  His  presence  marks 
the  relation  in  which  she  stands  to  the  enemy.  In  other  circum- 
stances the  vessel  may  also  have  relations  with  the  enenn',  but  to  be 
subject  to  condemnation  she  must  come  under  the  third  head. 

Third  case. — The  whole  vessel  is  chartered  by  the  enemj^  govern- 
ment, and  is  therefore  entirely  at  its  disposal;  it  can  use  her  for 
different  purposes  more  or  less  directly  connected  with  the  war, 
notably,  as  a  transport;  such  is  the  position  of  colliers  wdiich  accom- 
pany a  belligerent  fleet.  There  will  often  be  a  charter  party  between 
ihe  belligerent  government  and  the  owner  or  master  of  the  vessel, 
but  all  that  is  required  is  proof,  and  the  fact  that  the  whole  vessel 
has.  in  fact,  been  chartered  is  enough,  in  whatever  way  it  may  be 
established. 

Fourth  case. — The  vessel  is  at  the  time  exclusively  devoted  to  the 
carriage  of  enemy  troops  or  to  the  transmission  of  intelligence  in  the 
enemy's  interest.  The  case  is  different  from  those  dealt  with  by 
article  45,  and  the  question  is  one  of  a  service  to  which  the  ship  is 
permanently  devoted.  The  decision  accordingly  is  that,  so  long  as 
such  service  lasts,  the  vessel  is  liable  to  capture,  even  if.  at  the  mo- 
ment when  an  enemy  cruiser  searches  her.  she  is  engaged  neither  in 
the  transport  of  troops  nor  in  the  transmission  of  intelligence. 

As  in  the  cases  in  article  45  and  for  the  same  reasons,  goods  found 
on  board  belonging  to  the  owner  of  the  vessel  are  also  liable  to  con- 
demnation. 

It  was  proposed  to  treat  as  an  enemy  merchant  vessel  a  neutral 
vessel  making,  at  the  time,  and  wnth  the  sanction  of  the  enemy  gov- 
ernment, a  voyage  which  she  has  only  been  permitted  to  make  sub- 
sequently to  the  outbreak  of  hostilities  or  during  the  two  preceding 
months.  This  rule  would  be  enforced  notably  on  neutral  merchant 
vessels  admitted  by  a  belligerent  to  a  service  reserved  in  time  of 
peace  to  the  national  marine  of  that  belligereut — for  instance,  to 
the  coasting  trade.  Several  delegations  formally  rejected  this  pro- 
posal, so  that  the  question  thus  raised  remains  an  open  one. 

Art.  47.  Any  individual  embodied  in  the  nrniwl  forces  of  the  enemy  who  is 
found  on  board  a  neutrnl  merchant  vessel  may  be  made  a  prisoner  of  war, 
even  though  there  be  no  ground  for  the  capture  of  the  vessel. 

Individuals  embodied  in  the  armed  military  or  naval  forces  of  a 
belligerent  may  be  on  board  a  neutral  merchant  vessel  when  she  is 
searched.  If  the  vessel  is  subject  to  condemnation,  the  cruiser  will 
capture  her  and  take  her  to  one  of  her  own  ports  with  the  persons  on 
board.  Clearly  the  soldiers  or  sailors  of  the  enemy  state  will  not  be 
set  free,  but  will  be  treated  as  prisoners  of  war.  Perhaps  the  case 
will  not  be  one  for  the  capture  of  the  ship — for  instance,  because  the 
master  was  unaware  of  the  status  of  an  individual  who  had  come 


309 

on  board  as  an  ordinary  passenger.  Must  the  soldier  or  soldiers  on 
board  the  vessel  be  set  free?  That  does  not  appear  admissible. 
The  belligerent  cruiser  can  not  be  compelled  to  set  free  active  ene- 
mies who  are  physically  in  her  power  and  are  more  dangerous  than 
(his  or  that  contraband  article.  She  must  naturally  proceed  with 
great  discretion,  and  must  act  on  her  own  responsibility  in  requiring 
the  surrender  of  these  individuals,  but  the  right  to  do  so  is  hers;  it 
lias  therefore  been  thought  necessary  to  explain  the  point. 

Chapter  IV. — Destruction  of  Neutral  Prizes. 

The  destruction  of  neutral  prizes  was  a  subject  comprised  in  the 
jH'ogram  of  the  second  peace  conference,  and  on  that  occasion  no 
settlement  was  reached.  It  reappeared  in  the  program  of  the  present 
conference,  and  this  time  agreement  has  been  found  possible.  Such 
a  result,  which  bears  witness  to  the  sincere  desire  of  all  parties  to 
arrive  at  an  understanding  is  a  matter  for  congratulation.  It  has 
been  shown  once  more  that  conflicting  hard-and-fast  rules  do  not 
always  correspond  to  things  as  they  are,  and  that  if  there  be  readi- 
ness to  descend  to  particulars,  and  to  arrive  at  the  precise  way  in 
which  the  rules  have  been  applied,  it  will  often  be  found  that  the 
actual  practice  is  very  much  the  same,  although  the  doctrines  pro- 
fessed appear  to  be  entirely  in  conflict.  To  enable  two  parties  to 
agree,  it  is  first  of  all  necessary  that  they  should  understand  each 
other,  and  this  frequently  is  not  the  case.  Thus  it  has  been  found 
that  those  who  declared  for  the  right  to  destroy  neutral  prizes  never 
claimed  to  use  this  right  wantonly  or  at  every  opportunity,  but  only 
b}'  way  of  exception ;  while,  on  the  other  hand,  those  who  maintained 
the  principle  that  destruction  is  forbidden,  admitted  that  the  prin- 
ciple must  give  way  in  certain  exceptional  cases.  It  therefore  be- 
came a  question  of  reaching  an  understanding  with  regard  to  those 
exceptional  cases  to  which,  according  to  both  views,  the  right  to 
destroy  should  be  confined.  But  this  was  not  all ;  there  was  need  for 
some  guaranty  against  abuse  in  the  exercise  of  this  right;  the  possi- 
bility of  arbitrary  action  in  determining  these  exceptional  cases 
must  be  limited  by  throwing  some  real  responsibility  upon  the  cap- 
tor. It  was  at  this  stage  that  a  new  idea  was  introduced  into  the  dis- 
cussion, thanks  to  which  it  was  possible  to  arrive  at  an  agreement. 
The  possibility  of  intervention  by  a  court  of  justice  will  make  the 
captor  reflect  before  he  acts,  and  at  the  same  time  secure  reparation 
in  cases  where  there  was  no  reason  for  the  destruction. 

Such  is  the  general  spirit  of  the  provisions  of  this  chapter. 

Art.  48.  A  noutrnl  vessel  which  has  been  car.tured  may  not  be  destroyed  by 
the  captor;  she  nni.st  be  takeu  into  such  port  as  is  proper  for  the  determination 
there  of  all  questions  concerning  the  validity  of  the  prize. 

The  general  principle  is  very  simple.  A  neutral  vessel  which  has 
been  seized  may  not  be  destroyed  by  the  captor;  so  much  may  be 
admitted  by  everyone,  whatever  view  is  taken  as  to  the  efl'ect  pro- 
duced by  the  capture.  The  vessel  must  be  taken  into  a  port  for  the 
determination  there  as  to  the  validity  of  the  prize.  A  prize  crew 
will  be  put  on  board  or  not,  according  to  circumstances. 

Art.  40.  As  an  excei^tion,  n  neutral  vessel  which  has  been  captured  by  a  bel- 
ligerent warship,  and  which  would  be  liable  to  condemnation,  may  be  destroyed 
if  the  observance  of  article  48  would  Involve  danger  to  the  safety  of  the  warship 
or  to  the  success  of  the  operations  in  which  she  is  engaged  at  the  time. 


310 

The  first  condition  nece^^sarv  to  justify  the  destruction  of  the  cap- 
tured vesjsel  is  that  she  should  be  liable  to  condemnation  upon  the 
facts  of  the  case.  If  the  captor  can  not  even  hope  to  obtain  the 
condemnation  of  the  vessel,  how  can  he  lay  claim  to  the  right  to 
destroy  her? 

The  second  condition  is  that  the  observance  of  the  general  principle 
would  involve  danger  to  the  safety  of  the  warship  or  to  the  success  of 
the  operations  in  which  she  is  engaged  at  the  time.  This  is  what  was 
iinally  agreed  upon  after  various  solutions  had  been  tried.  It  was 
understood  that  the  phrase  ?ompromettre  la  securite  was  synony- 
mous with  mettre  en  danger  le  navire,  and  might  be  translated  into 
English  by:  Involve  danger.  It  is,  of  course,  the  situation  at  the 
moment  when  the  destruction  takes  place  which  must  be  considered 
in  order  to  decide  whether  the  conditions  are  or  are  not  fulfilled.  For 
a  danger  which  did  not  exist  at  the  actual  moment  of  the  capture  may 
have  appeared  some  time  afterwards. 

Art.  50.  Before  the  vessel  is  destroyed  all  persons  on  bonrd  must  be  placed  in 
snfety,  and  all  the  ship's  papers  and  other  documents  which  the  parties  inter- 
ested'consider  relevant  for  the  purpose  of  deciding  on  the  validity  of  the  capture 
must  be  taken  on  board  the  warship. 

This  provision  lays  down  the  precautions  to  be  taken  in  the  inter- 
ests of  the  persons  on  board  and  of  the  administration  of  justice. 

Art.  51.  A  captor  who  has  destroyed  a  neutral  vessel  must,  prior  to  any  de- 
cision respecting  the  validity  of  the  prize,  establish  tluit  he  only  acted  in  the 
face  of  an  exceptional  necessity,  of  the  nature  contemplated  in  article  49.  If  he 
fails  to  do  this,  he  must  compensate  the  parties  interested,  and  no  examination 
shiill  be  made  of  the  question  whether  the  capture  was  valid  or  not. 

This  claim  gives  a  guaranty  against  the  arbitrary  destruction  of 
prizes  by  throwing  a  real  responsibility  upon  the  captor  who  has  car- 
ried out  the  destruction.  The  result  is  that  before  any  decision  is 
given  respecting  the  validity  of  the  prize,  the  captor  must  prove  that 
the  situation  he  was  in  was  really  one  which  fell  under  the  head  of  the 
exceptional  cases  contemplated.  This  must  be  proved  in  proceed- 
ings to  which  the  neutral  is  a  party,  and  if  the  latter  is  not  satisfied 
with  the  decision  of  the  national  prize  court  he  may  take  his  case  to 
the  international  court.  Proof  to  the  above  effect  is,  therefore,  a  con- 
dition precedent  which  the  captor  must  fulfill.  If  he  fails  to  do  this, 
he  must  compensate  the  parties  interested  in  the  vessel  and  the  cargo, 
and  the  question  whether  the  capture  was  valid  or  not  will  not  be 
gone  into.  In  this  way  a  real  sanction  is  provided  in  respect  of  the 
obligation  not  to  destroy  a  prize  except  in  particular  cases,  the  sanc- 
tion taking  the  form  of  a  fine  inflicted  on  the  captor.  If,  on  the  other 
hand,  this  proof  is  given,  the  prize  procedure  follows  the  usual  course; 
if  the  prize  is  declared  valid,  no  compensation  is  due;  if  it  is  declared 
void,  the  parties  interested  have  a  right  to  be  compensated.  Resort 
to  the  international  court  can  only  be  made  after  the  decision  of  the 
prize  court  has  been  given  on  the  whole  matter,  and  not  immediately 
after  the  preliminary  question  has  been  decided. 

Art.  52.  If  the  capture  of  a  neutral  vessel  is  subsequently  held  to  be  invalid, 
though  the  act  of  destruction  has  been  held  to  have  been  justifiable,  the  captor 
must  pay  compensation  to  the  parties  interested.  In  place  of  the  restitution  to 
which  they  would  have  been  entitled. 

Art.  53.  If  neutral  goods  not  li.ible  lo  condemnation  have  been  destroyed 
with  the  vessel,  the  owner  of  such  goods  is  entitled  to  compensation. 


311 

Supposing  a  A'CPsel  wliich  lifis  been  deslroyerl  carried  neutral  goods 
not  liable  to  condemnation:  the  owner  of  such  goods  has.  in  every 
case,  a  right  to  compensation;  that  is,  without  there  being  occasion 
to  distinguish  between  cases  where  the  destruction  was  or  was  not 
justified.  This  is  equitable  and  a  furtlier  guaranty  against  arbitrary 
destruction. 

AuT.  54.  The  captor  has  the  right  to  demand  the  handing  over,  or  to  proceed 
liinisolf  to  the  destruction,  of  any  goods  liable  to  condenmalion  found  on  board 
a  vossel  not  herself  liable  to  condemnation,  provided  that  the  circumstances  are 
such  as  would,  under  article  49,  justify  the  destruction  of  a  vessel  herself 
li;il)le  to  coiulenuiation.  The  captor  must  enter  the  goods  surrendered  or 
destroyed  in  the  log  book  of  the  vessel  stopped,  and  must  obtain  duly  certified 
copies  of  all  relevant  papt'rs.  When  the  goods  have  been  handed  over  or 
destroyed  and  the  formalities  duly  carried  out,  the  master  must  be  allowed 
to  continue  his  voyage. 

The  provisions  of  articles  51  and  52  respecting  the  obligations  of  a  captor 
who  has  destroyed  a  neutral  vessel  are  applicable. 

A  cruiser  encounters  a  neutral  merchant  vessel  carrying  contra- 
band in  a  proportion  less  than  that  specified  in  article  40.  The  cap- 
tain may  put  a  prize  crew  on  board  the  vessel  and  take  her  into 
a  port  for  adjudication.  He  may,  in  conformity  with  the  provisions 
of  article  44,  agree  to  the  handing  over  of  the  contraba?id  if  offered 
by  the  vessel  stopped.  But  what  is  to  happen  if  neither  of  these 
solutions  is  reached?  The  vessel  stopped  does  not  offer  to  hand 
over  the  contraband,  and  the  cruiser  is  not  in  a  position  to  take 
the  vessel  into  a  national  port.  Is  the  cruiser  obliged  to  let  the 
neutral  vessel  go  with  the  contraband  on  board?  To  require  this 
seemed  going  too  far,  at  least  in  certain  exceptional  circumstances. 
These  circumstances  are  in  fact  the  same  as  would  have  justified 
the  destruction  of  the  vessel,  had  she  been  liable  to  condemnation. 
In  such  a  case,  the  cruiser  may  demand  the  handing  over,  or  pro- 
ceed to  the  destruction,  of  the  goods  liable  to  condemnation.  The 
reasons  for  which  the  right  to  destroy  the  vessel  has  been  recog- 
nized may  justify  the  destruction  of  the  contraband  goods,  the 
more  so  as  the  considerations  of  humanity  which  can  be  adduced 
against  the  destruction  of  a  vessel  do  not  in  this  case  apply.  Against 
arbitrary  demands  by  the  cruiser  there  are  the  same  guaranties  as 
those  which  made  it  possible  to  recognize  the  right  to  destroy  the 
vessel.  The  captor  must,  as  a  preliminary,  prove  that  he  was  really 
faced  by  the  exceptional  circumstances  specified:  failing  this,  he  is 
condennied  to  pay  the  value  of  the  goods  handed  over  or  destroyed, 
and  the  question  whether  they  were  contraband  or  not  will  not  be 
gone  into. 

The  article  prescribes  certain  formalities  whicli  are  necessary  to 
establish  the  facts  of  the  case  and  to  enable  the  prize  court  to 
adjudicate. 

Of  course,  when  once  the  goods  have  been  handed  over  or  destroyed 
and  the  fonnalities  carried  out,  the  vessel  which  has  been  stopped 
nuist  be  left  free  to  continue  her  voyage. 

Chapter  V. — Transfer  to  a  Neutral  Flag. 

An  enemy  merchant  vessel  is  liable  to  capture,  whereas  a  neutral 
merchant  vessel  is  immune.  Tt  can  therefore  be  readily  understood 
that  a  belligerent  cruiser  encountering  a  merchant  vessel  whidi  lays 


312 

claim  to  neutral  nationality  has  to  inquire  Tvhether  such  nationality 
has  been  acqiured  le(2:itimateh'  or  merely  in  order  to  shield  the  vessel 
from  the  risks  to  which  she  would  have  been  exposed  had  she  retained 
her  former  nationality.  This  question  naturally  arises  when  the 
transfer  has  taken  place  a  comparatively  short  time  before  the  mo- 
ment at  wliich  the  ship  is  searched,  whether  the  actual  date  be  before 
or  after  the  outbreak  of  hostilities.  The  answer  will  be  dili'erent 
according  as  the  question  is  looked  at  from  the  point  of  view  of  com- 
mercial or  belligerent  interests.  Fortunately,  rules  have  been  agreed 
upon  which  conciliate  both  these  interests  as  far  as  possible,  and 
which  at  the  same  time  tell  belligerents  and  neutral  commerce  what 
their  position  is. 

Art.  55.  The  transfer  of  an  enemy  vessel  to  a  neutral  flag,  effected  before  the 
onthreak  of  hostilities,  is  valid,  unless  it  is  proved  that  such  transfer  was  made 
in  order  to  evade  the  consequences  to  which  an  enemj-  vessel,  as  such,  is  exposed. 
There  is,  however,  a  presumption,  if  the  bill  of  sale  is  not  on  board  a  vessel 
which  has  lost  her  belligerent  nationality  less  than  sixty  days  before  the  out- 
break of  hostilities,  that  the  transfer  is  void.  This  presumption  may  be 
rebutted. 

Whore  the  transfer  was  effected  more  than  thirty  days  before  the  outbreak  of 
hostilities,  there  is  an  absolute  presumption  that  it  is  valid  if  it  is  uncondi- 
tional, complete,  and  in  conformity  with  the  laws  of  the  countries  concerned, 
;:nd  if  its  effect  is  such  that  neither  the  control  of,  nor  the  profits  earned  by,  the 
vessel  remain  in  the  same  hands  as  before  the  transfer.  If,  however,  the  vessel 
lost  her  belligerent  nationality  less  than  sixty  days  before  the  outbreak  of 
hostilities,  and  if  the  bill  of  sale  is  not  on  board,  the  capture  of  the  vessel 
gives  no  right  to  damages. 

The  general  rule  laid  down  in  the  first  paragraph  is  that  the  trans- 
fer of  an  enemy  vessel  to  a  neutral  flag  is  valid,  assuming,  of  course, 
that  the  ordinary  requirements  of  the  law  have  been  fulfilled.  It 
is  upon  the  captor,  if  he  wishes  to  have  the  transfer  annulled,  that 
the  onus  lies  of  proving  that  its  object  was  to  evade  the  consequences 
entailed  by  the  war  in  prospect.  There  is  one  case  which  is  treated 
as  suspicious,  that,  namely,  in  which  the  bill  of  sale  is  not  on  board 
when  the  ship  has  changed  her  nationality  less  than  CO  days  before 
the  outbreak  of  hostilities.  The  presumption  of  validity  which  has 
been  set  up  by  the  first  paragraph  in  favor  of  the  vessel  is  then 
replaced  by  a  presumption  in  favor  of  the  captor.  It  is  presumed 
that  the  transfer  is  void,  but  the  presumption  may  be  rebutted. 
AVith  a  view  to  such  rebuttal,  proof  may  be  given  that  the  transfer 
was  not  eifected  in  order  to  evade  the  consequences  of  the  war;  it 
is  unnecessary  to  add  that  the  ordinary  requirements  of  the  law 
must  have  been  fulfilled. 

It  was  thought  desirable  to  give  to  commerce  a  guaranty  that 
the  right  of  treating  a  transfer  as  void  on  the  ground  that  it  was 
effected  in  order  to  evade  the  consequences  of  war  should  not  extend 
too  far,  and  should  not  cover  too  long  a  period.  Consequently,  if 
the  transfer  has  been  effected  more  than  30  daj^s  before  the  out- 
break of  hostilities,  it  can  not  be  impeached  on  that  ground  alone, 
and  it  is  regarded  as  unquestionably  valid  if  it  has  been  made  under 
conditions  which  show  that  it  is  genuine  and  final.  These  conditions 
are  as  follows:  The  transfer  must  be  unconditional,  complete,  and 
in  conformity  with  the  laws  of  the  countries  concerned,  and  its 
effect  must  be  such  that  both  the  control  of,  and  the  profits  earned 
by,  the  ve.ssel  pass  into  other  hands.  When  once  these  conditions 
are  proved  to  exist,  the  captor  is  not  allowed  to  set  up  the  conten- 


313 

(ion  that  the  vender  foresaw  the  war  in  which  his  country  was  about 
to  be  imolved,  and  wislied  by  the  snU>  to  shichl  himself  from  the 
risks  to  which  a  state  of  war  would  ha\e  exiJosed  him  in  respect  of 
the  vessels  he  was  transferring.  Even  in  this  case,  however,  when 
a  vessel  is  encountered  by  a  cruiser  and  her  bill  of  sale  is  not  on 
board,  she  may  be  captured  if  a  change  of  nationality  has  taken 
place  less  than  GO  days  before  the  outbreak  of  hositilities;  that 
circumstance  has  made  her  suspect.  But  if  before  the  prize  court 
the  proof  required  by  the  second  paragraph  is  adduced,  she  must  be 
released,  though  she  can  not  claim  compensation,  inasmuch  as  there 
was  good  reason  for  capturing  her. 

Art.  5G.  The  tr:iiisft'r  of  an  enemy  vessel  to  a  neutral  fla;^  effected  after  the 
oiithrciik  of  hostililios  is  void  unless  it  is  proved  tlint  sucli  trniisfer  was  not 
made  in  order  to  evade  the  consequences  to  which  an  enemy  vessel,  as  such, 
is  exposed. 

Provided  that  there  is  an  absolute  presumption  tha(  a  transfer  is  void — 

(1)  If  the  transfer  has  been  made  duriiiK  a  voyage  or  in  a  blockaded  i)ort. 

(2)  If  a  riiilit  to  repurchase  or  recover  the  vessel  is  reserved  to  the  vender. 

(3)  If  (he  requirements  of  the  nnniicipal  l:iw  governing  the  right  to  fly  the 
flag  under  which  the  vessel  is  sailing  have  not  been  fulfilled. 

The  rule  respecting  transfers  made  after  the  outbreak  of  hostilities 
is  more  simple.  Such  a  transfer  is  only  valid  if  it  is  proved  that  its 
object  was  not  to  evade  the  consequences  to  which  an  enemy  vessel, 
as  such,  is  exposed.  The  rule  accepted  in  respect  to  transfers  made 
before  the  outbreak  of  hostilities  is  inverted.  In  that  case  there  is 
a  presumption  that  the  transfer  is  valid;  in  the  present,  that  it  is 
void— provided  always,  that  proof  to  the  contrary  may  be  given. 
For  instance,  it  might  be  proved  that  the  transfer  had  taken  place 
by  inheritance. 

Article  oG  recites  cases  in  which  the  presumption  that  the  transfer 
is  void  is  absolute,  for  reasons  which  can  be  readily  luiderstood.  In 
the  first  case  the  connection  between  the  transfer  and  the  war  risk 
run  by  the  vessel  is  evident.  In  the  second,  the  transferee  is  a  mere 
man  of  straw,  who  is  to  be  treated  as  owner  during  a  dangerous 
l)eriod,  after  which  the  vender  will  recover  possession  of  his  vesseh 
Lastly,  the  third  case  might  strictly  be  regarded  as  already  provided 
for,  since  a  vessel  which  lays  claim  to  neutral  nationality  must  natu- 
rally prove  that  she  has  a  right  to  it. 

xVt  one  time  provision  was  made  in  this  article  for  the  case  of  a 
vessel  which  was  retained,  after  the  transfer,  in  the  trade  in  which 
she  had  previously  been  engaged.  Such  a  circumstance  is  in  the 
highest  degree  suspicious;  the  transfer  has  a  fictitious  appearance, 
inasmuch  as  nothing  has  changed  in  regard  to  the  vessel's  trade. 
This  would  apply,  for  instance,  if  a  vessel  were  running  on  the  same 
line  before  and  after  the  transfer.  It  was,  however,  objected  that  to 
set  up  an  absolute  presumption  would  sometimes  be  too  severe, 
and  that  certain  kinds  of  vessels,  as  for  example,  tank  ships,  could, 
on  account  of  their  build,  engage  only  in  a  certain  definite  trade. 
To  meet  this  objection  the  word  "route"  was  then  added,  so  that 
it  would  have  been  necessary  that  the  vessel  should  be  engaged  in 
the  same  trade  and  on  the  same  route;  it  was  thought  that  in  this 
way  the  above  contention  would  have  been  satisfactorily  met.  How- 
ever, the  suppression  of  this  case  from  the  list  being  insisted  on, 
it  "vas   agreed   to   eliminate   it.     Consequently,   a  transfer   of   this 


314 

character  now  falls  within  the  general  rule;  it  is  certainly  presumed 
to  be  void,  but  llie  presumption  may  be  rebutted. 

Chapter  VI. — Enemy  Character. 

The  rule  in  the  declaration  of  Paris  that  "the  neutral  Hag  covers 
enemy  goods,  with  the  exception  of  contraband  of  war,"  corresponds 
so  closely  with  the  advance  of  civilization  and  has  taken  so  firm 
a  hold  on  the  public  mind  that  it  is  impossible,  in  the  face  of  so 
extensive  an  application,  to  avoid  seeing  in  that  rule  the  embodi- 
ment of  a  principle  of  the  common  law  of  nations  which  can  no 
longer  be  disputed.  The  determination  of  the  neutral  or  enemy 
character  of  merchant  vessels  accordingly  decides  not  only  the  ques- 
tion of  the  validity  of  their  capture,  but  also  the  fate  of  the  non- 
contraband  goods  on  board.  A  similar  general  obsei'vation  may  be 
made  with  reference  to  the  neutral  or  enemy  character  of  goods. 
No  one  thinks  of  contesting  to-day  the  principle  according  to  which 
"neutral  goods,  with  the  exception  of  contraband  of  war,  are  not 
liable  to  capture  on  board  an  enemy  ship."  It  is,  therefore,  only  in 
respect  of  goods  found  on  board  an  enemj^  ship  that  the  question 
whether  they  are  neutral  or  enemy  property  arises. 

The  determination  of  what  constitutes  neutral  or  enemy  character 
thus  appears  as  a  development  of  the  two  principles  laid  down  in 
1856,  or  rather  as  a  means  of  securing  their  just  application  in 
practice. 

The  advantage  of  deducing  from  the  practices  of  different  countries 
some  clear  and  simple  rules  on  this  subject  may  be  said  to  need  no 
demonstration.  The  uncertainty  as  to  the  risk  of  capture,  if  it  does 
not  put  an  end  to  trade,  is  at  least  the  most  serious  of  hindrances  to 
its  continuance.  A  trader  ought  to  know  the  risks  which  he  runs  in 
putting  his  goods  on  board  this  or  that  ship,  while  the  underwriter, 
if  he  does  not  know  the  extent  of  those  risks,  is  obliged  to  charge  war 
premiums,  which  are  often  either  excessive  or  else  inadequate. 

The  rules  which  form  this  chapter  are,  unfortunately,  incomplete. 
Certain  important  points  had  to  be  laid  aside,  as  has  been  already 
observed  in  the  introductory  explanations  and  as  will  be  further 
explained  below. 

Art.  57.  Subject  to  the  provisions  resi^ecting  transfer  to  another  fliig.  the 
neutral  or  enemy  character  of  a  vessel  is  determined  by  the  flag  which  she  is 
entitled  to  fly. 

The  case  where  a  neutral  vessel  is  engaged  in  a  trade  which  is  closed  in  time 
of  peace  remains  outside  the  scoi>e  of  this  rule  and  is  in  no  wise  affected  by  it. 

The  principle,  therefore,  is  that  the  neutral  or  enemy  character  of 
a  vessel  is  determined  by  the  flag  which  she  is  entitled  to  fly.  It  is 
a  simple  rule  which  appears  satisfactorily  to  meet  the  special  case  of 
ships,  as  distinguished  from  that  of  other  movable  property,  and 
notably  of  the  cargo.  From  more  than  one  point  of  view  ships  may 
be  said  to  possess  an  individuality;  notably,  they  have  a  nationality, 
a  national  character.  This  attribute  of  nationalit}^  finds  visible  ex- 
pression in  the  right  to  fly  a  flag.  It  has  the  effect  of  placing  ships 
under  the  protection  and  control  of  the  State  to  which  they  belong. 
It  makes  tliem  amenable  to  the  sovereignty  and  to  the  laws  of  that 
State  and  liable  to  requisition  should  the  occasion  arise.  Here  is 
the  surest  test  of  whether  a  vessel  is  really  a  unit  in  the  merchant 


315 

marine  of  a  country,  and  here,  therefore,  the  best  test  by  which  to 
decide  wliether  her  character  is  neutral  or  enemy.  It  is,  moreover, 
preferable  to  rely  exclusively  upon  this  test  and  to  discard  all  con- 
siderations connected  with  the  personal  status  of  the  owner. 

The  text  makes  use  of  the  words  "  the  flag  which  the  vessel  is 
entitled  to  fly ;  "  that  expression  means,  of  course,  the  flag  under 
which,  whether  she  is  actually  flying  it  or  not,  the  vessel  is  entitled 
to  sail  according  to  the  municipal  laws  which  o^overn  that  right. 

Article  57  safeguards  the  provisions  respecting  transfer  to  another 
flag,  as  to  which  it  is  sufficient  to  refer  to  articles  55  and  56;  a  vessel 
may  very  well  have  the  right  to  fly  a  neutral  flag,  as  far  as  the  law 
of  the  country  to  which  she  claims  to  belong  is  concerned,  but  may 
be  treated  as  an  enemy  vessel  by  a  belligerent,  because  the  transfer 
in  virtue  of  which  she  has  hoisted  the  neutral  flag  is  annulled  by 
article  55  or  article  5G. 

Lastly,  the  question  was  raised  whether  a  vessel  loses  her  neutral 
character  when  she  is  engaged  in  a  trade  which  the  enemy,  prior  to 
the  Avar,  reserved  exclusively  for  his  national  vessel;  but  as  has 
been  observed  above  in  connection  with  the  subject  of  unneutral 
service,  no  agreement  w^as  reached,  and  the  question  remains  an  open 
one,  as  the  second  jjaragraph  of  article  57  is  careful  to  explain. 

Art.  58.  The  neutral  or  enemy  character  of  goods  found  on  board  an  enemy 
vessel  is  determined  by  the  neutral  or  enemy  character  of  the  owner. 

Unlike  ships,  goods  have  no  individuality  of  their  own;  their 
neutral  or  enemy  character  is  made  to  depend  upon  the  personal 
status  of  their  owner.  This  opinion  prevailed  after  an  exhaustive 
.4udy  of  difi'erent  views,  which  inclined  toward  reliance  on  the 
country  of  origin  of  the  goods,  the  status  of  the  person  at  whose 
risk  they  are,  of  the  consignee,  or  of  the  consignor.  The  test  adopted 
in  article  58  appears,  moreover,  to  be  in  conformity  with  the  terms 
of  the  declaration  of  Paris,  as  also  with  those  of  the  convention  of 
The  Hague  of  the  18th  October,  1907,  relative  to  the  establishment  of 
un  international  prize  court,  where  the  expression  "  neutral  or  enemy 
property  "  is  used.     (Arts.  1,  3,  4,  8.) 

But  it  can  not  be  concealed  that  article  58  solves  no  more  than  a 
part  of  the  problem,  and  that  the  easier  part;  it  is  the  neutral  or 
enemy  character  of  the  owner  which  determines  the  character  of  the 
goods,  but  what  is  to  determine  the  neutral  or  enemy  character  of  the 
owner?  On  this  point  nothing  is  said,  because  it  was  found  impos- 
sible to  arrive  at  an  agreement.  Opinions  were  divided  between 
domicile  and  nationality;  no  useful  purpose  w'ill  be  served  by  repro- 
ducing here  the  arguments  adduced  to  support  the  two  positions.  It 
was  hoped  that  a  compromise  might  have  been  reached  on  the  basis 
of  a  clause  to  the  follow  ing  effect : 

The  neutral  or  enemy  character  of  goods  found  on  board  nn  enemy  vessel  is 
determined  by  the  neutral  or  enemy  nationality  of  their  owner,  or,  if  he  is  of  no 
ntitioiiality  or  of  double  nationality  (i.  e.,  both  neutral  and  enemy),  by  his  domi- 
cile in  a  neutral  or  enemy  country; 

Provided  that  goods  belonging  to  a  limited  llal)ility  or  joint  stock  company 
are  considered  as  neutral  or  enemy  according  as  the  company  has  its  head- 
quarters in  a  neutral  or  enemy  country. 

But  there  was  no  unanimity. 

Art.  59.  In  tlie  absence  of  proof  of  the  neutral  character  of  goods  found  on 
board  an  enemy  vessel,  they  are  presumed  to  be  enemy  goods. 


316 

Ai-ticle  59  gives  expression  to  the  traditional  rule  according  to 
\Yhif'h  goods  fuiuul  on  board  an  enemy  vessel  are,  failing  proof  to  the 
contrary,  presumed  to  be  enemy  goods;  this  is  merely  a  simple  pre- 
sumption, which  leaves  to  the  claimant  the  right,  but  at  the  same 
time  the  onus,  of  proving  his  title. 

Art.  (iO.  Enemy  goods  on  board  an  eneuij'  vessel  retain  their  enemy  character 
until  they  reach  their  destination,  notwithstanding  any  transfer  effected  after 
the  ontbroak  of  hostilities  while  the  goods  are  being  forwarded. 

If.  ht)wever.  prior  to  the  capture,  a  former  neutral  owner  exercises,  on  the 
bankruptcy  of  an  existing  enemy  owner,  a  recognized  legal  right  to  recover  the 
goods,  they  regain  their  neutral  character. 

This  provision  contemplates  the  case  where  goods  which  were 
enemy  property  at  the  time  of  dispatch  have  been  the  subject  of  a 
sale  or  transfer  during  the  course  of  the  voyage.  The  er.se  with 
which  enemy  goods  might  secure  protection  from  the  exercise  of 
the  rrght  of  capture  by  means  of  a  sale  which  is  made  subject  to  a 
reconveyance  of  the  property  on  arrival  has  always  led  to  a  refusal  to 
recognize  such  transfers.     The  enemy  character  subsists. 

AMth  regard  to  the  moment  from  which  goods  must  be  considered 
to  acquire  and  retain  the  enemy  character  of  their  owner,  the  text 
has  been  inspired  by  the  same  spirit  of  equity  as  governed  the  con- 
vention of  The  Hague,  relative  to  the  status  of  merchant  vessels  on 
the  outbreak  of  hostilities,  and  by  the  same  desire  to  protect  mercan- 
tile operations  undertaken  in  the  security  of  a  time  of  peace.  It  is 
only  when  the  transfer  takes  place  after  the  outbreak  of  hostilities 
that  it  is,  so  far  as  the  loss  of  enemy  character  is  concerned,  inopera- 
tive until  the  arrival  of  the  goods  in  question.  The  date  which  is 
taken  into  consideration  here  is  that  of  the  transfer,  and  not  of  the 
departure  of  the  vessel.  For,  while  the  vessel  which  started  before 
tlie  war  began,  and  remains,  perhaps,  unaware  of  the  outbreak  of 
hostilities,  may  enjoy  on  this  account  some  degree  of  exemption,  the 
goods  may  nevertheless  possess  enemy  character;  the  enemy  owner 
of  these  goods  is  in  a  position  to  be  aware  of  the  state  of  war,  and  it 
is  for  that  very  reason  that  he  is  likely  to  seek  to  evade  its  conse- 
quences. 

It  was,  however,  thought  right  to  add  what  is,  if  not  a  limitation, 
at  least  a  complement  agreed  to  be  necessary.  In  a  great  number  of 
countries  an  unpaid  vendor  has,  in  the  event  of  the  bankruptcy  of 
the  buyer,  a  recognized  legal  right  to  recover  the  goods  which  have 
already  become  the  property  of  the  buyer  but  not  yet  reached  him 
(stoppage  in  transitu).  In  such  a  case  the  sale  is  canceled,  and,  in 
consequence  of  the  recovery,  the  vendor  obtains  the  goods  again  and 
is  not  deemed  ever  to  have  ceased  to  be  the  owner.  This  right  gives 
to  neutral  commerce,  in  the  case  of  a  genuine  bankruptcy,  a  ])rotec- 
tion  too  valuable  to  be  sacrificed,  and  the  second  paragraph  of  article 
60  is  intended  to  preserve  it. 

Chapter  VIT. — Convoy. 

The  practice  of  convoy  has,  in  the  past,  occasionally  given  rise  to 
grave  difficidties  and  even  to  conflict.  It  is  therefore  satisfactory  to 
be  able  to  record  the  agreement  which  has  been  reached  upon  this 
subject. 

Art.  01.  Neutral  vessels  under  national  convoy  are  exempt  from  search.  The 
commander  of  a  convoy  gives,  in  writing,  at  the  request  of  the  connnander  of  a 
belligerent  warship,  all  information  as  to  the  character  of  the  vessels  and  Uioir 
cargoes  which  could  l)e  obtained  by  search. 


317 

Tlie  pi-inoiple  laid  clown  is  simple;  a  neutral  vessel  under  the 
convoy  ol'  a  warship  ol'  her  own  nationality  is  exempt  from  searcli. 
The  reason  for  this  rule  is  that  the  bellif^erent  cruiser  ou<>ht  to  be  able 
to  find  in  the  assurances  of  the  connnander  of  the  convoy  !is  good  a 
guarauty  as  would  be  a  Horded  by  tiie  exercise  of  the  riji^ht  of  search 
itself;  in  fact,  she  can  not  call  in  (juestion  the  assurances  ^iven  by  the 
official  representative  of  a  neutral  government  without  displaying  a 
lack  of  international  courtesy.  If  neutral  governments  allow  belliger- 
ents to  search  vessels  sailing  under  their  flag,  it  is  because  they  do  not 
wish  to  be  responsible  for  the  suj)ervision  of  such  vessels,  and  there- 
fore allow  belligerents  to  protect  themselves.  The  situation  is  altered 
when  a  neutral  government  consents  to  undertake  that  responsibility; 
the  right  of  search  has  no  longer  tlie  same  importance. 

But  it  follows  from  the  explanation  of  the  rule  respecting  convoy 
that  the  neutral  government  undertakes  to  afford  the  belligerents 
every  guarantj'  that  the  vessels  convoyed  shall  not  take  advantage  of 
the  protection  accorded  to  them  in  order  to  do  anything  inconsistent 
with  their  neutrality,  as,  for  example,  to  carry  contraband,  render 
unneutral  service  to  the  belligerent,  or  attempt  to  break  blockade. 
There  is  need,  therefore,  that  a  genuine  supervision  should  be  exer- 
cised from  the  outset  over  the  vessels  which  are  to  be  convoyed ;  and 
that  supervision  must  be  continued  throughout  the  voyage.  The  gov- 
ernment must  act  with  vigilance  so  as  to  prevent  all  abuse  of  the 
right  of  convoy,  and  must  give  to  the  officer  who  is  put  in  command 
of  a  convoy  precise  instructions  to  this  effect, 

A  belligerent  cruiser  encounters  a  convoy;  she  communicates  with 
the  commander  of  the  convoy,  who  must,  at  her  request,  give  in  writ- 
ing all  relevant  information  about  the  vessels  under  his  protection. 
A  written  declaration  is  required,  because  it  prevents  all  ambiguities 
and  misunderstandings,  and  because  it  pledges  to  a  greater  extent  the 
responsibility  of  the  commander.  The  object  of  such  a  declaration  is 
to  make  search  unnecessary  by  the  mere  fact  of  giving  to  the  cruiser 
the  information  which  the  search  itself  would  have  supplied. 

Akt.  62.  If  the  commander  of  the  belligerent  warship  has  reason  to  suspect 
that  the  confidence  of  the  commander  of  the  convoy  has  been  abuse(^l.  he  com- 
municates his  suspicions  to  him.  In  such  a  case  it  is  for  the  commander  of  the 
convoy  alone  to  investigate  the  matter.  lie  must  record  the  result  of  such 
investigation  in  a  report,  of  which  a  copy  is  handed  to  the  officer  of  the  warship. 
If,  in  the  opinion  of  the  connnander  of  the  convoy,  the  facts  shown  in  the  report 
justify  the  caiiture  of  one  or  more  vessels,  the  protection  of  the  convoy  must  be 
withdrawn  from  such  vessels. 

In  the  majority  of  cases  the  cruiser  will  be  satisfied  with  the  decla- 
ration which  the  commander  of  the  convoy  will  have  given  to  her.  but 
she  may  have  serious  grounds  for  believing  that  the  confidence  of  the 
commander  has  been  abused,  as,  for  example,  that  a  ship  under  con- 
voy of  which  the  iDapers  are  apparently  in  order  and  exhibit  nothing 
suspicious  is,  in  fact,  carrying  contraband  cleverly  concealed.  The 
cruiser  may,  in  such  a  case,  communicate  her  suspicions  to  the  com- 
mander of  the  convoy,  and  an  investigation  may  be  considered  neces- 
sary. If  so,  it  will  be  made  by  the  commander  of  the  convoy,  since 
it  is  he  alone  who  exercises  authority  over  the  vessels  placed  under 
his  jH-otection.  It  appeared,  nevertheless,  that  much  difficulty  might 
often  be  avoided  if  the  belligerent  were  allowed  to  be  present  at  this 
investigation;  otherwise  he  might  still  suspect,  if  not  the  good  faith,  at 


318 

least  the  vigilance  and  perspicacity  of  the  person  who  conducted  the 
search.  But  it  ^Yas  not  thought  that  an  obhgation  to  aUow  the  ollicer 
of  the  cruiser  to  be  present  at  the  investigation  should  be  imposed 
upon  the  commander  of  the  convoy.  He  must  act  as  he  thinks  best ;  if 
he  agrees  to  the  presence  of  an  officer  of  the  cruiser,  it  will  be  as  an 
act  of  courtesy  or  good  policy.  He  must  in  every  case  draw  up  a 
report  of  the  investigation  and  give  a  copy  to  the  officer  of  the  cruiser. 

Differences  of  opinion  may  occur  between  the  two  officers,  ])articu- 
larly  in  relation  to  conditional  contraband.  The  character  of  a  port 
to  which  a  cargo  of  corn  is  destined  may  be  disputed.  Is  it  an  ordi- 
nary commercial  port,  or  is  it  a  port  which  serves  as  a  base  of  supply 
for  the  armed  forces?  The  situation  which  arises  out  of  the  mere 
fact  of  the  convoy  must  in  such  a  case  be  respected.  The  officer  of 
the  cruiser  can  do  no  more  than  make  his  protest,  and  the  dilliculty 
must  be  settled  through  the  diplomatic  channel. 

The  situation  is  altogether  different  if  a  vessel  under  convoy  is 
found  beyond  the  possibility  of  dispute  to  be  carrying  contraband. 
The  vessel  has  no  longer  a  right  to  protection,  since  the  condition 
upon  which  such  protection  was  granted  has  not  been  fulfilled.  Be- 
sides deceiving  her  own  government,  she  has  tried  to  deceive  the 
belligerent.  She  must  therefore  be  treated  as  a  neutral  merchant 
vessel  encountered  in  the  ordinar}^  way  and  searched  by  a  belligerent 
cruiser.  She  can  not  complain  at  being  exposed  to  such  rigorous 
treatment,  since  there  is  in  her  case  an  aggravation  of  the  offense 
committed  by  a  carrier  of  contraband. 

Chapter  VIIL — Resistance  to  Search. 

The  subject  treated  in  this  chapter  w^as  not  mentioned  in  the  pro- 
gram submitted  by  the  British  Government  in  February,  1908,  but 
it  is  intimately  connected  with  several  of  the  questions  in  that  pro- 
gram, and  thus  attracted  the  attention  of  the  conference  in  the 
course  of  its  deliberations;  and  it  was  thought  necessary  to  frame  a 
rule  upon  it,  the  drafting  of  Avhich  presented  little  difficulty, 

A  belligerent  cruiser  encounters  a  merchant  vessel  and  summons 
her  to  stop  in  order  that  she  may  be  searched.  The  vessel  summoned 
does  not  stop,  but  tries  to  avoid  the  search  by  flight.  The  cruiser  nuiy 
employ  force  to  stop  her,  and  the  merchant  vessel,  if  she  is  damaged 
or  sunk,  has  no  right  to  complain,  seeing  that  she  has  failed  to 
comply  with  an  obligation  imposed  upon  her  by  the  law  of  nations. 

If  the  vessel  is  stopped,  and  it  is  shown  that  it  was  only  in  order  to 
escape  the  inconvenience  of  being  searched  that  recourse  was  had  to 
flight,  and  that  beyond  this  she  had  done  nothing  contrary  to  neutral- 
ity, she  will  not  be  punished  for  her  attempt  at  flight.  If,  on  the 
other  hand,  it  is  established  that  the  vessel  has  contraband  on  board, 
or  that  she  has  in  some  way  or  other  failed  to  comply  with  her  duty 
as  a  neutral,  she  will  suffer  the  consequences  of  her  infraction  of 
neutrality,  but  in  this  case  as  in  the  last,  she  will  not  undergo  any 
punishment  for  her  attempt  at  flight.  Expression  was  given  to  the 
contrary  view,  namely,  that  a  ship  should  be  punished  for  an  ob- 
vious attempt  at  flight  as  much  as  for  forcible  resistance.  It  was 
suggested  that  the  prospect  of  having  the  escaping  vessel  condemned 
as  good  prize  would  miluence  the  captain  of  the  cruiser  to  do  his 
best  to  spare  her.    But  in  the  end  this  view  did  not  prevail. 


319 

Art.  03.  Forcible  rosistanee  to  the  k'Kitininte  exeroise  of  the  right  of  stop- 
page, search,  mikI  capture  involves  in  ail  cases  llie  condeuuiation  of  the  vessel. 
The  cargo  is  liable  to  the  same  treatment  as  the  cargo  of  au  euemy  vessel. 
Goods  belonging  to  the  master  or  owner  of  the  vessel  are  treated  as  enemy 
goods. 

The  situation  is  different  if  forcible  resistance  is  made  to  any  Icf^iti- 
niato  action  l)y  tlu'  cruiser.  Tiie  vessel  commits  an  act  of  hostility 
and  must  from  that  moment  be  treated  as  an  enemy  vessel;  she  Avill 
therefore  be  subject  to  condemnation,  althou<^h  the  search  may  not 
have  shown  that  anything  contrary  to  neutrality  had  been  done. 
So  far  no  difliculty  seems  to  arise. 

"What  must  be  decided  with  regard  to  the  cargo?  The  rule  which 
appeared  to  be  the  best  is  that  according  to  which  the  cargo  will  be 
treated  like  the  car^o  on  board  an  enemy  vessel.  This  assimilation 
involves  the  following  consequences.  A  neutral  vessel  which  has 
offered  resistance  becomes  an  enemy  vessel  and  the  goods  on  board 
are  presumed  to  be  enemy  goods.  Neutrals  wdio  are  interested  may 
claim  their  property,  in  accordance  with  article  3  of  the  declaration 
of  Paris,  but  enemy  goods  will  be  condemned,  since  the  rule  that  the 
flag  covers  the  goods  can  not  be  adduced,  because  the  captured  vessel 
on  board  which  they  are  found  is  considered  to  be  an  enemy  vessel. 
It  will  be  noticed  that  the  right  to  claim  the  goods  is  open  to  all  neu- 
trals, even  to  those  whose  nationality  is  that  of  the  captured  ves.sel; 
it  would  seem  to  be  an  excess  of  severity  to  make  such  persons  suffer 
for  the  action  of  the  master.  There  is,  however,  an  exception  as 
regards  the  goods  which  belong  to  the  owner  of  the  vessel;  it  seems 
natural  that  he  should  bear  the  consequences  of  the  acts  of  his  agent. 
Plis  property  on  board  the  vessel  is  therefore  treated  as  eneni}'  goods. 
A  fortiori  the  same  rule  applies  to  the  goods  belonging  to  the  master. 

Chapter  IX. — Compensation. 

This  chapter  is  of  very  general  application,  inasmuch  as  the  pro- 
visions which  it  contains  are  operative  in  all  the  numerous  cases  in 
which  a  cruiser  may  capture  a  vessel  or  goods. 

Art.  64.  If  the  capture  of  a  vessel  or  of  goods  is  not  upheld  by  the  prize  court, 
or  if  the  prize  is  released  without  any  judgment  being  given,  the  parties  inter- 
ested have  the  right  to  compensation,  unless  there  were  good  reasons  for  cap- 
turing the  vessel  or  goods. 

A  cruiser  has  captured  a  neutral  vessel  on  the  ground,  for  example, 
of  carriage  of  contraband  or  breach  of  blockade.  The  prize  court 
releases  the  vessel,  declaring  the  capture  to  be  void.  This  decision 
alone  is  evidently  not  enough  to  indenmify  the  parties  interested  for 
the  loss  incurred  in  consequence  of  the  capture,  and  this  loss  may  have 
been  considerable,  since  the  vessel  has  been  during  a  period,  which 
may  often  be  a  very  long  one,  prevented  from  engaging  in  her  ordi- 
nary trade.  May  these  parties  claim  to  be  compensated  for  this  in- 
jury? Reason  requires  that  the  affirmative  answer  should  be  given, 
if  the  injury  has  been  undeserved — that  is  to  say,  if  the  capture  was 
not  brought  about  by  some  fault  of  the  parties.  It  may,  indeed,  hap- 
pen that  there  was  good  reason  for  the  capture,  because  the  master 
of  the  vessel  searched  did  not  jiroduce  evidence  which  ought  in  the 
ordinary  course  to  have  been  available  and  which  was  only  furnished 
at  a  later  stage.    In  such  a  case  it  would  be  unjust  that  compensation 


320 

?hould  be  awarded.  On  the  other  hand,  if  the  cruiser  has  really  been 
at  fault,  if  the  vessel  has  been  captured  when  there  were  iiot  o;ood 
reasons  for  doinor  so,  it  is  just  that  compensation  should  be  ^rranted. 

It  may  also  liappen  that  a  vessel  which  has  been  captured  and  taken 
into  a  port  is  released  by  the  action  of  the  executive  without  the  inter- 
vention of  a  prize  court.  Tlie  existing  practice,  under  such  circum- 
stances, is  not  uniform.  In  some  countries  the  prize  court  has  no 
jurisdiction,  unless  there  is  a  question  of  validating  a  capture,  and  can 
iiot  adjudicate  on  a  claim  for  compensation  based  upon  tlie  ground 
that  the  capture  would  have  been  held  unjustifiable;  in  other  coun- 
tries the  prize  court  would  have  jurisdiction  to  entertain  a  claim  of 
this  kind.  On  this  point,  therefore,  there  is  a  difference  which  is  not 
altogether  equitable,  and  it  is  desirable  to  lay  down  a  rule  which  will 
produce  the  same  result  in  all  countries.  It  is  reasonable  that  every 
cai)ture  effected  without  good  reasons  should  give  to  the  parties  inter- 
ested a  right  to  compensation  without  its  being  necessary  to  draw  any 
distinction  between  the  cases  in  which  the  capture  has  or  has  not  been 
followed  by  a  decision  of  a  prize  court;  and  this  argument  is  all  the 
more  forcible  when  the  capture  may  have  so  little  justification  that 
the  vessel  is  released  by  the  action  of  the  executive.  A  provision  in 
general  terms  has  therefore  been  adopted,  which  is  capable  of  cov- 
ering all  cases  of  capture. 

It  should  be  observed  that  in  the  text  no  reference  is  made  to  the 
question  whether  the  national  tribunals  are  competent  to  adjudicate 
on  a  claim  for  compensation.  In  cases  Avhere  proceedings  are  taken 
against  the  property  captured  no  doubt  upon  this  point  can  be  enter- 
tained. In  the  course  of  the  proceedings  taken  to  determine  the 
validity  of  a  capture  the  parties  interested  have  the  oj^jjortunity  of 
making  good  their  right  to  compensation,  and  if  the  national  tribunal 
does  not  give  them  satisfaction  they  can  apply  to  the  international 
prize  court.  If,  on  the  other  hand,  the  action  of  the  belligerent  has 
been  confined  to  the  capture  it  is  the  law  of  the  belligerent  captor 
which  decides  whether  there  are  tribunals  competent  to  entertain  a 
demand  for  compensation ;  and  if  so,  what  are  those  tribunals  ?  The 
international  court  has  not,  according  to  the  convention  of  The 
Hague,  any  jurisdiction  in  such  a  case.  From  an  international  point 
of  view  the  diplomatic  channel  is  the  only  one  available  for  making 
good  such  a  claim,  whether  the  cause  for  complaint  is  founded  on  a 
decision  actually  delivered  or  on  the  absence  of  any  tribunal  having 
jurisdiction  to  entertain  it. 

The  question  was  raised  as  to  whether  it  was  necessary  to  draw  a 
distinction  between  the  direct  and  the  indirect  losses  suffered  by 
vessel  or  goods.  The  best  course  appeared  to  be  to  leave  the  prize 
court  free  to  estimate  the  amount  of  compensation  due,  which  will 
vary  according  to  the  circumstances  and  can  not  be  laid  down  in  • 
advance  in  rules  going  into  minute  details. 

For  the  sake  of  simplicity  mention  has  only  been  made  of  the  vessel, 
but  what  has  been  said  applies,  of  course,  to  cargo  captured  and  after- 
wards released.  Innocent  goods  on  board  a  vessel  which  has  been 
captured  suffer,  in  the  same  way,  all  the  inconvenience  which  attends 
the  capture  of  the  vessel;  but  if  there  was  good  cause  for  capturing 
the  vessel  whether  the  capture  has  subsequently  been  hold  to  be  valid 
or  not,  the  owners  of  the  cargo  have  no  right  to  compensation. 


321 

It  is  porhnps  useful  to  infHf:i(e  certain  cases  in  which  the  capture  of 
a  vessel  would  b«  justified,  whatever  niight  be  the  ultimate  decision 
of  the  prize  coi\rt  Notably,  there  is  the  case  where  some  or  all  of 
the  ship's  papers  have  been  thrown  overboard,  suppressed,  or  inten- 
tionally destroyed  on  the  initiative  of  the  master  or  one  of  the  crew  or 
passenpters.  There  is  in  such  a  case  an  element  which  will  justify  any 
suspicion  and  afford  an  excuse  for  capturinf?  the  vessel,  subject  to 
the  master's  ability  to  account  for  his  action  before  the  prize  court. 
Even  if  the  court  should  accept  the  explanation  given  and  should 
not  find  any  reason  for  condeuuiation,  the  parties  interested  can  not 
hope  to  recover  compensation. 

An  analojrous  case  would  be  that  in  which  there  were  found  on 
board  two  sets  of  papers,  or  false  or  forced  papers,  if  this  irregularity 
were  connected  with  circumstances  calculated  to  contribute  to  the 
capture  of  the  vessel. 

It  appeared  sufiiciont  that  these  cases  in  which  there  would  be  a 
reasonable  excuse  for  the  capture  should  be  mentioned  in  the  present 
report,  and  should  not  be  made  the  object  of  express  provisions,  since 
otherwise  the  mention  of  these  two  particular  cases  might  have  led  t.) 
the  supposition  that  they  were  the  only  cases  in  which  a  capture  could 
be  justified. 

Such,  then,  are  the  principles  of  international  law  to  which  the 
naval  conference  has  sought  to  give  recognition  as  being  fitted  to 
regulate  in  practice  the  intercourse  of  nations  on  certain  important 
questions  in  regard  to  which  precise  rules  have  hitherto  been  wanting. 
The  conference  has  thus  taken  up  the  work  of  codification  begun  by 
the  declaration  of  Paris  of  1856.  It  has  worked  in  the  same  spirit 
as  the  second  peace  conference,  and,  taking  advantage  of  the  labors 
accomplished  at  The  Hague,  it  has  been  able  to  solve  some  of  the 
problems  which,  owing  to  the  lack  of  time,  that  conference  was  com- 
pelled to  leave  unsolved.  Let  us  hope  that  it  may  be  possible  to 
say  that  those  who  have  drawn  up  the  declaration  of  London  of  1000 
are  not  altogether  unworthy  of  their  predecessors  of  1856  and  1907. 

Final  Provisions. 

These  provisions  have  reference  to  various  questions  relating  to  the 
effect  of  the  declaration,  its  ratification,  its  coming  into  force,  its 
denunciation,  and  the  accession  of  unrepresented  powers. 

Art.  G5.  The  provisions  of  the  present  declaration  must  be  treated  as  a  whole 
and  can  not  be  separated. 

This  article  is  of  great  importance  and  is  in  conformity  with  that 
which  was  adopted  in  the  declaration  of  Paris. 

The  rules  contained  in  the  present  declaration  relate  to  matters  of 
great  imj^ortance  and  great  diversity.  They  have  not  all  l)een  ac- 
cepted with  the  same  degree  of  eagerness  by  all  the  delegations. 
Concessions  have  been  made  on  one  jioint  in  consideration  of  conces- 
sions obtained  on  another.  The  whole,  all  things  considered,  has  been 
recognized  as  satisfactory,  and  a  legitimate  expectation  would  be 
falsified  if  one  power  might  make  reservations  on  a  rule  to  which 
another  power  attached  particular  importance. 

AuT.  on.  The  siRnjitory  powers  undort.iko  to  iiism-e  the  nuitnnl  observance  of 
the  rules  contained  in  the  present  declaratiou  in  any  war  in  which  all  the  bellig- 


322 

erents  are  parties  thereto.  They  will  therefore  issue  the  necessary  instructions 
to  their  authorities  :ind  to  their  armed  forces,  and  will  take  such  measures  as 
may  be  required  in  order  to  insure  that  it  will  be  applied  by  their  courts,  and 
more  particularly  by  their  prize  courts. 

According  to  the  engagement  resulting  from  this  article,  the  decla- 
ration applies  to  the  relations  between  the  signatory  powers  when  the 
belligerents  are  likewise  parties  to  the  declaration. 

It  will  be  the  duty  of  each  jDOwer  to  take  the  measures  necessar}''  to 
insure  the  observance  of  the  declaration.  These  measures  may  vary 
in  dill'erent  countries  and  may  or  may  not  involve  the  intervention 
of  the  legislature.     The  matter  is  one  of  national  legal  requirements. 

It  should  be  observed  that  neutral  powers  also  may  find  themselves 
in  a  position  of  having  to  give  instructions  to  their  authorities,  nota- 
bly to  the  commanders  of  convoys,  as  previousl}^  exjDlained. 

Art.  G7.  The  present  declaration  shall  be  ratified  as  soon  as  possible. 

The  ratifications  shall  be  deposited  in  London. 

The  first  deposit  of  i-atifications  shall  be  recorded  in  a  protocol  signed  by  the 
representatives  of  the  powers  taking  part  therein,  and  by  His  Britannic 
Majesty's  principal  secretary  of  state  for  foreign  affairs. 

The  subsequent  deposits  of  ratification  shall  be  made  by  means  of  a  written 
notification  addressed  to  the  British  Government,  and  accompanied  by  the  in- 
strument of  ratification. 

A  dulj-  certified  copy  of  the  protocol  relating  to  the  first  deposit  of  ratifica- 
tions, and  of  the  notifications  mentioned  in  the  i)receding  paragraph  as  well  as 
of  the  instruments  of  ratification  which  accompany  them,  shall  be  immediately 
sent  by  the  British  Government,  through  the  diplomatic  channel,  to  the  signa- 
tory power.s.  The  snid  Government  shall,  in  the  cases  contemplated  in  the  pre- 
ceding paragraph,  inform  them  at  the  same  time  of  the  date  on  which  It  re- 
ceived the  notification. 

This  provision,  of  a  purely  formal  character,  needs  no  explanation. 
The  wording  adopted  at  The  Hague  by  the  second  peace  conference 
has  been  borrowed. 

Abt.  68.  The  present  declaration  shall  take  effect,  in  the  case  of  the  powers 
which  were  parties  to  the  first  deposit  of  ratifications,  sixty  days  after  the  date 
of  the  protocol  recording  such  deposit,  and  in  the  case  of  the  powers  which  shall 
ratify  subsequently,  sixty  days  after  the  notification  of  their  ratification  shall 
have  been  received  by  the  British  Government. 

Art.  G9.  In  the  event  of  one  of  the  signatory  powers  wishing  to  denounce  the 
present  declaration,  such  denunciation  can  only  be  made  to  take  effect  at  the 
end  of  a  period  of  twelve  years  beginning  sixty  days  after  the  first  deposit  of 
ratifications,  and  after  that  time,  at  the  end  of  successive  [loriods  of  six  years, 
of  which  the  first  will  begin  at  the  end  of  the  period  of  twelve  years. 

Such  denunciation  must  be  notified  in  writing,  at  least  one  year  in  advance,  to 
the  British  Government,  which  shall  inform  all  the  other  powers. 

It  will  only  operate  in  respect  of  the  denouncing  power. 

It  follows  implicitly  from  article  69  that  the  declaration  is  of  in- 
definite duration.  The  periods  after  which  denunciation  is  allowed 
have  been  fixed  on  the  analogy  of  the  convention  for  the  establish- 
ment of  an  international  prize  court. 

Art.  70.  The  powers  represented  at  the  London  naval  conference  attach  par- 
ticular importance  to  the  general  recognition  of  the  rules  which  they  have 
adopted,  and  therefore  express  the  hope  that  the  powers  which  were  not  repre- 
sented there  will  accede  to  the  present  declaration.  They  request  the  British 
Government  to  invite  them  to  do  so. 

A  power  which  desires  to  accede  shall  notify  its  intention  in  writing  to  the 
British  Government,  and  transmit  simultaneously  the  act  of  accession,  which 
will  be  deposited  in  the  archives  of  the  said  Government. 

The  said  Government  shall  forthwith  transmit  to  all  the  other  powers  a  duly 
certified  copy  of  the  notification,  together  with  the  act  of  accession,  and  com,- 


323 

muuicate  the  d;i!e  on  wlik-li  such  notification  was  recelveil.     The  accession  talces 
effect  sixty  days  after  such  da  to. 

In  respect  of  all  matters  concerning  this  declaration,  acceding  powers  shall  be 
on  the  same  footing  as  the  sigmitory  i)o\vers. 

The  declaration  of  Paris  also  contained  an  invitation  to  the  powers 
which  were  not  represented  to  accede  to  the  declaration.  The  oflicial 
invitation  in  this  case,  instead  of  bein<;  made  individually  by  each 
of  the  powers  represented  at  the  conference,  may  more  conveniently 
be  made  by  Great  Britain  acting  in  the  name  of  all  the  powers. 

The  procedure  for  accession  is  very  simple.  The  fact  that  the  ac- 
ceding  powers  are  placed  on  the  same  footing  in  every  respect  as 
the  signatory  powers  of  course  involves  compliance  by  the  former 
with  article  Go.  A  power  can  accede  only  to  the  whole,  but  not 
merely  to  a  part,  of  the  declaration. 

Art.  71.  The  present  d(>clarntion.  which  bears  the  date  of  the  26th  February, 
1909,  may  be  signed  in  London  ni)  till  the  30th  June,  1909,  by  the  plenii)oten- 
tlaries  of  the  powers  represented  at  the  na\al  conference. 

As  at  The  Hague,  account  has  been  taken  of  the  situation  of  cer- 
tain powers  the  representatives  of  which  may  not  be  in  a  position  to 
sign  the  declaration  at  once,  but  which  desire,  nevertheless,  to  be  con- 
sidered as  signatory,  and  not  as  acceding,  powers. 

It  is  scarcely  necessary  to  say  that  the  plenipotentiaries  of  the 
powei-s  referred  to  in  article  71  are  not  necessarily  those  who  were,  as 
such,  delegates  at  the  naval  conference. 

In  faith  whei-eof  the  plenipotentiaries  have  signed  the  present  declaration 
and  have  thereto  afhxed  their  seals. 

Done  at  London  the  twenty-sixth  day  of  February,  one  thousand  nine  hundred 
and  nine,  in  a  single  original,  which  shall  remain  deposited  in  the  ai'chives  of 
the  British  Government,  and  of  which  duly  certified  copies  shall  be  sent  through 
the  diplomatic  channel  to  the  powers  represented  at  tlie  naval  conference. 


[Translation.] 

FINAL  PROTOCOL  OF  THE  LONDON  NAVAL  CONFER- 
ENCE. 

The  London  Naval  Conference,  called  together  by  Ilis  Britannic 
Majesty's  Government,  assembled  at  the  foreign  office  on  the  4th 
December,  1908,  with  the  object  of  laying  down  the  generally  recog- 
nized principles  of  international  law  in  accordance  with  Article  7 
of  the  convention  signed  at  The  Hague  on  the  18th  October,  1007, 
for  the  estblishment  of  an  international  prize  court. 

The  powers  enumerated  below  took  part  in  this  conference,  at 
which  they  appointed  as  their  representatives  the  following  delegates: 

Germany:  M.  Kriege,  privy  councillor  of  legation  and  legal  adviser 
to  the  department  of  foreign  atfairs,  member  of  the  permanent  court 
of  arbitration,  plenipotentiary  delegate;  Captain  Starke,  naval  at- 
tache to  the  imperial  embassy  at  Paris,  naval  delegate;  M.  Goppert, 
coiuicillor  of  legation  and  assistant  councillor  to  tlie  department  for 
foreign  all'airs,  legal  delegate;  Commander  von  Billow,  second  naval 
delegate. 

The  United  States  of  America:  Kear-Admiral  Charles  H.  Stock- 
ton, plenipotentiary  dek'gato;  Mr,  George  Grafton  Wilson,  professor 

70844°— S.  Doc.  10G3,  G2-3 22 


324 

at  Brown  University,  lecturer  on  international  law  at  the  Naval  War 
College  and  at  Harvard  University,  plenipotentiary  delegate. 

Austria-Hungary  :  His  Excellency  M.  Constantin  Theodore  Duniba, 
privy  councillor  of  His  Imperial  and  Ivoyal  Apostolic  Maje.sty,  envoy 
extraordinary  and  minister  plenipotentiary,  plenipotentiary  dele- 
gate; Rear-Admiral  Baron  Leopold  de  Jedina-Palombini,  naval  dele- 
gate; Baron  Alexandre  Hold  de  Ferneck,  attache  to  the  ministry  of 
the  imperial  and  royal  household  and  of  foreign  affairs,  professor  on 
the  staff  of  the  University  of  Vienna,  assistant  delegate. 

Spain :  M.  Gabriel  Maura  y  Gamazo,  Count  de  la  Mortera,  mem- 
ber of  Parliament,  plenipotentiary  delegate;  Capt.  R.  Estrada,  naval 
delegate. 

France:  M.  Louis  Renault,  minister  plenipotentiary,  professor  at 
the  Faculty  of  Law  at  Paris,  legal  adviser  to  the  ministry  of  foreign 
affairs,  member  of  the  Institute  of  France,  member  of  the  poi-nianent 
court  of  arbitration,  plenipotentiary  delegate;  Rear-Admiral  Le  Bris, 
technical  delegate;  ]\I.  H.  Fromageot.  barrister  at  the  court  of  appeal 
in  Paris,  technical  delegate:  Count  de  Manneville,  secretary  of  em- 
bassy of  the  first  class,  delegate. 

Great  Britain:  The  Earl  of  Desart.  K.  C.  B.,  king's  proctor,  pleni- 
potentiary delegate;  Rear-Admiral  Sir  Charles  Ottlev,  K.  C.  M.  G., 
M.  V.  O.,  R.  N.,  delegate;  Rear-Admiral  Edmond"^  J.  W.  Slade, 
M.  V.  O.,  R.  N.,  delegate;  Mr.  Eyre  Crowe,  C.  B.,  delegate;  Mr. 
Cecil  Hurst,  C.  B.,  delegate. 

Italy:  M.  Guido  Fusinato,  councillor  of  state,  member  of  Parlia- 
ment, ex-minister  of  public  instruction,  member  of  the  permanent 
court  of  arbitration,  plenipotentiary  delegate;  Capt.  Count  Giovanni 
Lovatelli,  naval  delegate:  M.  Arturo  Ricci-Busatti.  councillor  of  le- 
gation, head  of  the  legal  department  of  the  ministry  for  foreign 
affairs,  assistant  delegate. 

Japan :  Vice-Admiral  Baron  Toshiatsu  Sakamoto,  head  of  the 
naval  education  department,  plenipotentiary  delegate;  M.  Enjiro 
Yamaza,  councillor  of  the  imperial  embassy  in  London,  plenipoten- 
tiary delegate;  Capt.  Sojiro  Tochinai,  naval  attache  at  the  imperial 
embassy  in  London,  naval  delegate;  M.  Tadao  Yamakawa,  coun- 
cillor to  the  imperial  ministry  of  marine,  technical  delegate;  M. 
Sakutaro  Tachi.  professor  at  the  Imperial  University  of  Tokyo,  tech 
nical  delegate;  M.  Michikazu  Masuda.  second  secretary  at  the  impe- 
rial legation  at  Brussels,  technical  delegate. 

Netherlands:  Vice-Admiral  Jonkheer  J.  A.  Roell.  A.  D.  C.,  on 
special  service  to  Her  Majesty  the  Queen,  ex-minister  of  marine, 
plenipotentiary  delegate:  Jonkheer  L.  H.  Ruysseanaers,  envoy  ex- 
traordinary and  minister  plenipotentiary,  ex-secretary-general  of  the 
permanent  court  of  arbitration,  plenipotentiary  delegate;  First  Lieut. 
H.  G.  Surie,  naval  delegate. 

Russia :  Baron  Taube,  doctor  of  laws,  councillor  to  the  imperial 
ministry  of  foreign  affairs,  professor  of  international  law  at  the 
University  of  St.  Petersburg,  plenipotentiary  delegate;  Captain 
Behr,  naval  attache  in  London,  naval  delegate;  Colonel  of  the  Ad- 
miralty Ovtchir.nikow,  professor  of  international  law  at  the  naval 
academy,  naval  delegate:  Baron  Noldo.  official  of  the  sixth  class  for 
special  missions  attached  to  the  minister  for  foreign  affairs,  professor 
of  international  law  at  the  Polytechnic  Institute  of  St.  Petersburg, 


325 

technical  delegate;  M.  Linden,  head  of  department  at  the  imperial 
ministry  of  trade  and  commerce,  technical  delegate. 

In  a  series  of  meetings  held  from  December  4,  1908,  to  February 
26,  1009,  the  Conference  decreed  with  a  view  to  its  submission  to  the 
signature  of  its  Plenipotentiaries  the  Declaration  regarding  the  law 
of  maritime  war,  the  text  of  which  is  annexed  to  the  ])resent  Protocol. 

Moreover,  the  following  wish  has  been  adopted  by  the  Delegates 
of  the  Powers  which  have  signed  or  which  have  expressed  the  inten- 
tion of  signing  The  Hague  Convention  dated  October  18,  1907,  for 
the  establishment  of  an  International  Prize  Court: 

The  delegates  of  the  powers  represented  at  the  naval  conference  which  have 
signed  or  expressed  the  intention  of  signing  the  convention  of  The  Hague  of  the 
18th  October,  1007,  for  the  establishment  of  an  international  prize  court,  hav- 
ing regard  to  the  diiliculties  of  a  constitutional  nature  which,  in  some  States, 
stand  in  the  way  of  the  ratification  of  that  convention  in  its  present  form, 
agree  to  call  the  attention  of  their  respective  Governments  to  the  advantage 
of  concluding  an  arrangement  under  which  such  States  would  have  the  power, 
at  the  time  of  depositing  their  ratifications,  to  add  thereto  a  reservation  to  the 
effect  that  resort  to  the  international  prize  court  in  respect  of  decisions  of  their 
national  tribunals  shall  take  the  form  of  a  direct  claim  for  compensation,  pro- 
vided always  that  the  effect  of  this  reservation  shall  not  be  such  as  to  impair 
the  rights  secured  under  the  said  convention  either  to  indiriduals  or  to  their 
governments,  and  that  the  terms  of  the  reservation  shall  form  the  subject  of  a 
subsequent  understanding  between  the  powers  signatory  of  that  convention. 

In  faith  whereof  the  plenipotentiaries  and  the  delegates  represent- 
ing those  plenipotentiaries  who  have  already  left  London  have  signed 
the  present  protocol. 

Done  at  London  the  twenty-sixth  day  of  February,  one  thousand 
nine  hundred  and  nine,  in  a  single  original,  which  shall  be  deposited 
in  the  archives  of  the  British  Government  and  of  which  duly  certi- 
fied copies  shall  be  sent  through  the  diplomatic  channel  to  the  powers 
represented  at  the  naval  conference. 

For  Germany: 


For  the  United  States  of  America : 

For  Austria -Hungary: 

For  Spain: 

For  France: 

For  Great  Britain: 

For  Italy: 

For  Japan : 

For  the  Netherlands: 

For  Russia; 


Kriege. 

C.  H.  Stockton. 
George  Grafton  Wilson. 

C  DUMBA. 

Ramon  Estrada, 
L.  Renault. 
Desart. 
Giovanni  Lovatelli. 

T.  Sakamoto. 

E.  Yamaza. 

J.  A.  ROELL. 

L.  H,  RUYSSENAERS. 

F.  Behb, 


326 

CALL  OF  CONFERENCE  BY  GREAT  BRITAIN. 

British  Embassy,  March  27, 1908. 
The  Hon.  Eliiiu  Root,  etc.,  etc.,  etc.  ' 

Sir:  The  draft  convention  for  the  establishment  of  an  interna- 
tional court  of  appeal  in  matters  of  prize  which  formed  annex  12  to 
the  final  act  of  the  second  peace  conference  has  been  under  the  con- 
sideration of  His  Majesty's  Government. 

Article  7  of  the  convention  provides  that,  in  the  absence  of  treaty 
stipulations  applicable  to  the  case,  the  court  is  to  decide  the  appeals 
that  come  before  it  in  accordance  with  the  rules  of  international  law, 
or  if  no  f;:enerally  recognized  rules  exist,  in  accordance  with  the  gen- 
eral principles  of  justice  and  equity. 

The  discussions  which  took  place  at  The  Hague  during  the  recent 
conference  showed  that  on  various  questions  connected  with  maritime 
war  divergent  views  and  practices  prevailed  among  the  nations  of  the 
world.  Upon  some  of  these  subjects  an  agreement  was  reached,  but 
on  others  it  was  not  found  possible,  within  the  period  for  which  the 
conference  assembled,  to  arrive  at  an  understanding.  The  impression 
was  gained  that  the  establishment  of  the  international  prize  court 
would  not  meet  with  general  acceptance  so  long  as  vagueness  and 
uncertainty  exist  as  to  the  principles  which  the  court,  in  dealing  with 
appeals  brought  before  it,  would  apply  to  questions  of  far-reaching 
importance  affecting  naval  policy  and  practice. 

His  Majesty's  Government  therefore  propose  that  another  confer- 
ence should  assemble  during  the  autumn  of  the  present  year,  with  the 
object  of  arriving  at  an  agreement  as  to  what  are  the  generally  rec- 
ognized principles  of  international  law,  within  the  meaning  of  para- 
graph 2  of  article  7  of  the  draft  convention,  as  to  those  matters 
wherein  the  practice  of  nations  has  varied  and  of  then  formulating 
the  rules  which,  in  the  absence  of  special  treaty  provisions  applicable 
to  a  particular  case,  the  court  should  observe  in  dealing  with  appeals 
brought  before  it  for  decision. 

The  rules  by  which  appeals  from  national  prize  courts  would  be 
decided  affect  the  rights  of  belligerents  in  a  manner  which  is  far  more 
serious  to  the  principal  naval  powers  than  to  others,  and  His  Maj- 
esty's Government  are  therefore  communicating  only  with  the  Gov- 
ernments of  Austria-Hungary,  France,  Germany,  Italy,  Japan,  Rus- 
sia, Spain,  and  the  United  States  of  America.  They  would  propose 
that  the  conference  should  assemble  in  October  and,  if  it  is  agreeable 
to  the  Governments  of  those  countries,  they  would  suggest  that  it 
should  meet  in  London. 

The  questions  upon  which  His  Majesty's  Government  consider  it 
to  be  of  the  greatest  importance  that  an  understanding  should  be 
reached  are  those  as  to  which  divergent  rules  and  principles  have 
been  enforced  in  the  prize  courts  of  different  nations.  It  is  therefore 
suggested  that  the  following  questions  should  constitute  the  pro- 
gram of  the  conference : 

{a)  Contraband,  including  the  circumstances  under  which  particu- 
lar articles  can  be  considered  as  contraband;  the  penalties  for  their 
carriage;  the  immunity  of  a  ship  from  search  Avhon  under  convo}-; 
and  the  rules  with  regard  to  compensation  where  vessels  have  been 
seized,  but  have  been  found  in  fact  only  to  be  carrying  innocent 
cargo : 


327 

(h)  Blockade,  including  the  questions  as  to  the  locality  where  seiz- 
ure can  be  ell'ected,  and  tlie  notice  that  is  necessary  before  a  sliip  can 
be  seized ; 

(c)  The  doctrine  of  continuous  voyage  in  respect  both  of  contra- 
band and  of  blockade ; 

{d)  The  legality  of  the  destruction  of  neutral  vessels  prior  to  their 
condenuiation  by  a  prize  court; 

(e)  The  rules  as  to  neutral  ships  or  persons  rendering  "  unneutral 
service  "  ("  assistance  liostile  ")  ; 

(/)  The  legality  of  tlie  conversion  of  a  merclmnt  vessel  into  a 
warship  on  the  high  seas ; 

(g)  The  rules  as  to  the  transfer  of  merchant  vessels  from  a  bellig- 
erent to  a  neutral  flag  during  or  in  contemphition  of  hostilities; 

(h)  The  question  whether  the  nationality  or  the  dornicile  of  tht 
owner  should  be  adopted  as  the  dominant  factor  in  deciding  whether 
property  is  enemy  property. 

His  Majesty's  Government  are  deeply  sensible  of  the  great  advan- 
tage which  would  arise  from  the  estaljlishment  of  an  international 
prize  court,  but  in  view  of  the  serious  divergences  that  the  discussion 
at  The  Hague  brought  to  light  as  to  many  of  the  above  topics  after  an 
agreement  had  practically  been  reached  on  the  proposals  for  the  crea- 
tion of  such  a  court,  it  would  be  diflicult,  if  not  impossible,  for  His 
Majesty's  Government  to  carry  the  legislation  necessary  to  give  effect 
to  the  convention  unless  they  could  assure  both  Houses  of  the  British 
Parliament  that  some  more  definite  understanding  had  been  reached 
as  to  the  rules  by  which  the  new  tribunal  should  be  governed. 

If  the  program  outlined  above  is  concurred  in  by  the  Governments 
to  which  it  has  been  submitted,  it  would  be  convenient  if,  on  some 
subsequent  date,  as  for  instance  the  1st  August,  the  Governments 
were  to  interchange  memoranda  setting  out  concisely  what  they 
regard  as  the  correct  rule  of  international  laAv  on  each  of  the  above 
points,  together  with  the  authorities  on  which  that  view  is  based. 
This  course  would  greatly  facilitate  the  work  of  the  conference,  and 
materially  shorten  its  labors. 

My  Government  instruct  me  to  address  a  communication  in  this 
sense  to  the  United  States  Government,  expressing  at  the  same  time 
the  hope  that  if  that  Government  are  favorable  to  the  idea  of  the 
conference  being  held,  they  will  send  a  delegate  furnished  with  full 
powers  to  negotiate  and  conclude  an  agreement. 

I  have  the  honor  to  be,  with  the  highest  consideration,  sir, 
Your  most  obedient,  humble  servant, 

James  Bryce. 


INSTRUCTIONS  TO  THE  AMERICAN  DELEGATES  TO  THE  CONFER- 
ENCE AT  LONDON  TO  FORMULATE  RULES  TO  BE  OBSERVED  BY 
THE  INTERNATIONAL  PRIZE  COURT. 

Messrs.  Charles  H.  Stockton  and  George  G.  Wilson. 

Gentlej[en  :  You  have  been  appointed  delegates  plenipotentiaries 
to  represent  the  United  States  at  the  conference  to  be  held  at  I-,ondon 
on  December  1,  1908,  to  formulate  rules  to  be  observed  by  the  inter- 
national prize  court. 


328 

Article  7  of  the  convention  relative  to  the  creation  of  an  interna- 
tional prize  court,  signed  at  The  Hague,  October  18,  1907,  provides 
that— 

If  a  question  of  law  to  be  decided  Is  covered  by  a  treaty  in  force  between  the 
belligerent  captor  and  a  power  which  is  itself  or  whose  subject  or  citizen  Is  a 
party  to  the  proceetliugs,  the  court  is  governed  by  the  provisions  of  the  said 
treaty. 

In  the  absence  of  such  provisions,  the  court  shall  apply  the  rules  of  inter- 
national law.  If  no  generally  recognized  rule  exists,  the  court  shall  give  judg- 
ment in  accordance  with  the  general  principles  of  justice  and  equity. 

The  above  provisions  apply  equally  to  questions  relating  to  the  order  and 
mode  of  proof. 

If,  in  accordance  with  articles  3,  2,  c,  the  ground  of  appeal  is  the  violation  of 
an  enactment  issued  by  the  belligerent  captor,  the  court  will  enforce  the 
enactment 

The  court  may  disregard  failure  to  comply  with  the  procedure  laid  down 
in  the  enactments  of  the  belligerent  captor,  when  it  is  of  opinion  that  the 
consequences  of  complying  therewith  are  unjust  and  inequitable. 

This  article,  proposed  by  the  British  delegation  and  adopted  by  the 
conference,  has  proved  unsatisfactory  to  the  British  Government, 
which  has  called  a  conference  of  maritime  powers  in  order  to  deter- 
mine in  advance  of  the  establishment  of  the  court  the  rules  of  law  to 
govern  its  decisions  in  matters  of  prize  submitted  for  its  determi- 
nation. 

The  first  paragraph  of  article  7  is  clear  and  explicit,  providing,  as 
it  does,  that  the  court  is  to  be  governed  by  the  provisions  of  a  treaty 
in  force  between  the  litigating  nations  covering  the  question  of  law 
involved. 

The  first  sentence  of  the  second  paragraph  of  the  seventh  article 
provides  that  in  the  absence  of  treaties  between  litigating  parties 
"  the  court  shall  apply  the  rules  of  international  law."  If  the  rules 
of  international  law  relating  to  prize  were  codified  and  accepted  as  an 
authoritative  statement  of  the  law  of  prize,  the  questions  presented 
to  the  court  for  its  determination  would  be  decided  with  reference  to 
a  code  of  laws  equally  binding  upon  the  signator}^  powers.  In  as  far 
as  the  law  of  prize  has  been  codified  the  provision  in  question  is  clear 
and  definite.  The  absence  of  a  general  agreement  upon  the  rules  of 
international  law  is  recognized  in  the  concluding  sentence  of  the  para- 
graph under  consideration,  which  provides  that  "  if  no  generally 
recognized  rule  exists,  the  court  shall  give  judgment  in  accordance 
with  the  general  principles  of  justice  and  equity."  This  provision  of 
the  article  has  given  rise  to  great  discussion  and  dissatisfaction, 
because  wide  divergence  of  view  exists  as  to  the  law  properly  appli- 
cable in  such  case.  For  example,  in  Anglo-American  jurisprudence 
the  laws  of  contraband  and  blockade  constitute  a  system  recognized 
generally  as  the  Anglo-American  system,  whereas  the  laws  of  contra- 
band and  blockade  definitely  understood  on  the  Continent  are  ap- 
plied in  the  continental  as  distinguished  from  the  Anglo-American 
sense.  As,  therefore,  it  can  not  be  said  that  there  is  any  general  rule 
regulating  the  subject,  as  the  partisans  of  each  system  judge  and 
determine  for  themselves  each  case  as  it  arises,  it  necessarily  follows 
that  the  court  would  be  obliged  to  determine  which  system  is  con- 
sidered as  more  conformable  "with  the  general  principles  of  justice 
and  equity." 


329 

In  its  note  of  March  27,  1908,  inviting  a  conference,  the  British 
Government  stated  that — 

The  discussions  which  toolc  place  at  The  Hague  during  the  rocont  conference 
showed  that  on  various  questions  connected  with  maritime  war  divergent  views 
and  practices  prevailed  among  the  nations  of  the  world.  Upon  some  of  these 
subjects  an  agreement  was  reached,  but  on  others  it  was  not  found  possible, 
within  the  period  for  which  the  conference  assembled,  to  arrive  at  an  under- 
standing. The  impression  was  gained  that  the  establishment  of  the  inter- 
national prize  court  would  not  meet  with  general  acceptance  so  long  as  vague- 
ness and  uncertainty  exist  as  to  the  principles  which  the  court,  in  dealing 
with  appeals  brought  before  it,  would  apply  to  questions  of  far-reaching  im- 
portance affecting  naval  policy  and  practice. 

The  subjects  u])on  which  an  agreement  was  considered  indispensa- 
ble by  the  British  Government  in  order  to  enable  the  international 
prize  court  to  perform  the  high  services  expected  of  this  establish- 
ment were  the  following : 

(a)  Contraband,  including  the  circumstances  under  which  particular  articles 
can  be  considered  as  contraband;  the  penalties  for  their  carriage;  the  immu- 
nity of  a  ship  from  search  when  under  convoy;  and  the  rules  with  regard  to 
comi)ensation  where  vessels  have  been  seized,  but  have  been  found  in  fact  only 
to  be  carrying  innocent  cargo. 

(h)  Blockade,  including  the  questions  as  to  the  locality  where  seizure  can  be 
effected,  and  the  notice  that  is  necessary  before  a  ship  can  be  seized. 

(c)  The  doctrine  of  continuous  voyage  in  respect  both  of  contraband  and  of 
blockade. 

((?)  The  legality  of  the  destruction  of  neutral  vessels  prior  to  their  condem- 
nation by  a  prize  court. 

(e)  The  rules  as  to  neutral  ships  or  persons  rendering  "unneutral  service" 
("assistance  hostile"). 

(/)  The  legality  of  the  conversion  of  a  merchant  vessel  into  a  warship  on  the 
high  seas. 

(fir)  The  rules  as  to  the  transfer  of  merchant  vessels  from  a  belligerent  to  a 
neutral  flag  during  or  in  contemplation  of  hostilities. 

(h)  The  question  whether  the  nationality  or  the  domicile  of  the  owner  should 
be  adopted  as  the  dominant  factor  in  deciding  whether  property  is  enemy 
property. 

The  importance  attached  by  the  British  Government  to  an  agree- 
ment upon  these  various  subjects  enumerated  in  the  program  is  evi- 
denced by  the  fact  that  it  is  stated  in  the  British  note  that  "  it 
would  be  difficult,  if  not  impossible,  for  His  Majesty's  Government  to 
carry  the  legislation  necessary  to  give  effect  to  the  convention  unless 
they  could  assure  both  Houses  ol  the  British  Parliament  that  some 
more  definite  understanding  had  been  rcac^ied  as  to  the  rules  by  which 
the  new  tribunal  should  be  governed." 

In  order  to  facilitate  this  agreement  the  British  Government  sug- 
gested that  the  governments  invited  to  the  conference  "  interchange 
memoraiula  setting  out  concisely  what  they  regarded  as  the  correct 
rule  of  international  law  on  each  of  the  above  points,  together  with 
the  authorities  on  which  that  view  is  based." 

In  reply  to  the  request  of  the  British  Government  that  memoranda 
be  exchanged  I  stated  that — 

The  department  has  given  careful  consideration  to  the  suggestion  that  each 
government  invited  to  the  conference  prepare  and  exchange  memoranda  setting 
forth  its  practice  in  the  matters  specifically  mentioned  in  the  tentative  program 
for  the  conference  submitted  in  the  British  embassy's  note  of  March  27. 

The  attitude  of  the  United  States  is  well  known  to  each  of  the  iiarticiitating 
powers,  as  is  their  maritime  practice  to  the  delegates  appointed  by  the  T'nited 
States.  The  delegates  to  the  Second  Hague  Feace  Conference  were  thus 
Instructed  by  the  Secretary  of  State: 


330 

"As  to  the  framing  of  a  convention  relative  to  the  onstoms  of  maritime 
warfare,  yon  are  referred  to  the  Naval  AVar  Code  promulgated  iu  lieneral 
Orders  5ol  vf  the  Navy  Department  of  June  27.  IJXK),  wliich  lias  met  wiLb 
general  commendation  by  naval  authorities  throughout  the  civilized  world, 
and  which  in  general  expresses  the  views  of  the  United  States,  subject  to  a  few 
specilic  amendments  suggested  iu  the  volume  of  international  law  discussions 
of  the  Naval  War  College  of  the  year  liKi3,  pages  91  to  97.  The  order  putting 
this  code  into  force  was  revoked  by  the  Navy  department  in  T.X»4.  not  because 
of  any  change  of  views  as  to  the  rules  which  it  contained,  but  because  many  of 
those  rules,  being  imposed  upon  the  forces  of  the  United  States  by  the  order, 
would  have  put  our  naval  forces  at  a  disadvantage  as  against  the  forces  of 
other  powers,  upon  whom  the  rules  were  not  binding.  The  whole  discussion  of 
these  rules  contained  in  the  volume  to  which  I  have  referred  is  connnended 
to  your  careful  study. 

"  You  wil  urge  upon  the  i>eace  conference  the  formulation  of  international 
rules  for  war  at  sea  and  will  offer  the  Naval  War  Code  of  1900,  with  the  sug- 
gested changes  and  such  further  changes  as  may  be  made  necessary  by  other 
agreements  reached  at  the  conference,  as  a  tentative  formulation  of  the  rules 
which  should  be  considered." 

The  attitude  of  the  United  States  has  not  changed  since  the  conference,  and 
the  relevant  portion  of  the  instructions  copied  for  your  information  are  .-is 
applicable  to  the  maritime  conference  as  they  were  to  the  Second  Hague  Peace 
Conference. 

I  have  the  honor,  therefore,  to  transmit  herewith  copies  of  the  Naval  War 
Code  of  1900  and  of  the  volume  of  International  Discussions  of  the  Naval  War 
College  of  the  year  1903,  containing  the  amendments  to  be  made  to  the  Naval 
War  Code  of  1900.  to  serve  as  a  basis  of  discussion  in  the  conference,  subject, 
of  course,  to  amendment,  in  lieu  of  the  memoranda  proposed  to  be  prepared  and 
exchanged  by  each  power  invited  to  the  maritime  conference. 

A  like  reply  was  sent  in  acknowledging  the  memoranda  transmit- 
ted to  the  Department  of  State  by  Austria-Hungary.  Germany, 
Japan,  Netherlands,  Eussia,  Spain,  copies  of  which  you  have  already 
received  in  due  course. 

As  you  are  familiar  with  the  law,  practice,  and  policy  of  the 
United  States  concerning  each  of  the  matters  mentioned  in  the 
tentative  program  of  the  British  Government,  it  does  not  seem  neces- 
sary to  furnish  you  precise  instructions  on  each  of  the  i^oints  with 
which  the  conference  will  be  called  to  deal.  You  are,  however, 
provided  with  a  copy  of  the  instructions  to  the  American  delegation 
to  The  Hague  Conference  of  1907,  and  yoti  are  directed  to  guide 
yourselves  in  the  consideration  of  any  matter  discussed  at  the  confer- 
ence by  the  general  and  specific  provisions  of  the  instructions  relating 
to  maritime  warfare  and  the  rights  and  duties  of  neutrals.  You  are 
accordingly  authorized  and»instructed  to  present  to  the  conference,  as 
a  basis  for  discussion,  the  Naval  War  Code  promulgated  in  General 
Orders  551  of  the  Navy  Department  of  June  27.  1900,  as  modified 
by  the  specific  amendments  suggested  in  the  volume  of  International 
Law  Discussions  of  the  Naval  War  College  for  the  year  1903,  pages 
91-07,  and  you  will  endeavor,  in  your  discretion,  to  secure  as  far  as 
possible  the  adoption  in  conventional  form  of  their  provisions. 

As  the  United  States  has  not  yet  ratified  the  convention  for  the 
establishment  of  the  international  prize  court,  signed  at  The  Hague 
on  October  18,  1907,  and  as  the  ratification  of  the  instrument  is  ren- 
dered difficult  by  reason  of  objections  of  a  constitutional  and  internal 
nature  not  obtaining  in  other  countries,  you  will  be  careful  not  to 
assume  an  attitude  or  position  in  the  discussions  of  the  conference 
which  may  seem  to  commit  the  United  States  to  the  ratification  of  the 
convention   for  the  establishment  of  the  court,  or  to  connnit   this 


331 

Government,  by  an  acceptance  of  the  general  rules  of  maritime  •war- 
fare to  be  forumlated  by  the  conference,  to  create  the  international 
court  of  ])rize  provided  for  in  the  convention  signed  at  The  Hague 
on  October  18,  1907. 

While  taking  an  active  part  in  the  deliberations  of  the  conference 
and  cooperating  with  the  various  powers  represented  in  order  to 
render  it  a  success  by  securing  tlie  adoption  of  a  satisfactory  code  of 
maritime  warfare,  you  will  discuss  the  questions. presented  in  the 
light  of  general  tiieoiy  and  practice,  without  specific  reference  or 
application  to  the  pro])Osed  international  prize  court. 

The  department  is,  however,  desirous  that  the  international  court 
of  prize  may  be  established  in  general  accord  with  the  provisions  of 
the  convention  concluded  at  The  Hague  on  October  18.  1907,  and  in 
order  to  facilitate  its  establishment  you  will  propose  to  the  confer- 
ence an  additional  article  or  protocol  for  the  consideration  of  and 
eventual  acceptance  by  the  conference,  by  which  each  signatory  of 
the  convention  of  October  IS,  1907,  shall  possess  the  option,  in 
accordance  with  local  legislation,  either  to  submit  the  general  ques- 
tion of  the  rightfulness  of  any  capture  to  the  determination  of  the 
international  prize  court  or  to  permit  an  appeal  from  the  judgment 
of  a  national  court  in  a  specihc  case  direct  to  the  international  court 
of  prize,  as  contemplated  by  the  convention  of  October  18,  1907. 

In  the  view  of  the  department  the  following  draft  would  be  not 
merely  satisfactory,  but  calculated  to  remove  the  objections  made  to 
the  establishment  of  the  international  court  of  prize: 

xVny  signatory  of  the  convention  for  the  establishment  of  an  inter- 
national court  of  prize,  signed  at  The  Hague  on  October  18.  1907, 
may  provide  in  the  act  of  ratification  thereof,  that,  in  lieu  of  sub- 
jecting the  judgments  of  the  courts  of  such  signatory  powers  to 
review  upon  appeal  by  the  international  court  of  prize,  any  prize 
case  to  which  such  signatory  is  a  party  shall  be  subject  to  examina- 
tion de  novo  upon  the  question  of  the  captor's  liability  for  an  alleged 
illegal  capture,  and,  in  the  event  that  the  international  court  of  prize 
finds  liability  upon  such  examination  de  novo,  it  shall  determine  and 
assess  the  damages  to  be  paid  by  the  country  of  the  captor  to  the 
injured  party  by  reason  of  the  illegal  capture. 

Following  the  precedents  established  by  international  conferences, 
all  your  reports  and  communications  to  this  Government  will  be 
made  to  the  Department  of  State  for  proper  consideration  and  even- 
tual preservxition  in  the  archives.  Should  j'ou  be  in  doubt  at  any 
time  regardiirg  the  meaning  or  elFoct  of  these  instructions,  or  should 
you  consider  at  any  time  that  there  is  occasion  for  special  instruc- 
tions, you  will  communicate  freely  with  ihe  Department  of  State  by 
telegi'aph. 

I  am,  gentlemen,  your  obedient  servant, 

Elihu  Root. 

DKrAKTMENT   OF    StATE, 

Washincjfon^  Novemher  21^  1908, 


332 

REPORT  OP  THE  DELEGATES  OF  THE  UNITED  STATES  TO  THE 
IXTERyATIOXAL  NAVAL  CONFERENCE  HELD  AT  LONDON,  DECEM- 
BER 4,  1908,  TO  FEBRUARY  26,  1909. 

American  Embassy, 

London,  2d  March,  1909. 

The  Hon.  Robert  Bacon, 

Secretary  of  State. 

Sir:  We  have  the  honor  to  inform  you  that  the  international  naval 
conference  called  at  London  in  October,  1908,  and  later  postponed 
until  December,  1908,  assembled  at  the  foreign  office  in  London  on 
December  4.  at  noon.  Sir  Edward  Grey,  secretary  of  state  for 
foreign  affairs,  extended  welcome  to  the  conference  on  behalf  of 
Great  Britain.  The  conference  then  proceeded  to  organization, 
electing  the  Earl  of  Desart,  British  plenipotentiary,  as  president. 
The  following  powers  were  represented  in  accordance  wnth  the  in- 
vitation given  them:  Germany,  the  United  States,  xVustria-Hun- 
gary,  Spain,  France,  Great  Britain,  Italy,  Japan,  Holland,  and 
Russia. 

The  conference,  after  a  few  plenary  meetings,  resolved  itself  into 
a  commission,  in  order  that  the  topics  before  it  might  be  considered 
in  a  less  formal  manner.  After  the  topics  had  received  considerable 
discussion  a  committee  of  examination  was  appointed  with  a  view  to 
reducing  the  material  presented  to  a  definite  form  for  the  considera- 
tion of  the  commission.  After  consideration  by  the  commission  the 
subjects  would  go  to  the  conference  in  plenary  session  for  final  action. 
The  distinguished  French  jurist.  Monsieur  L.  Renault,  head  of  the 
French  delegation,  was  elected  the  chairman  of  the  commission  and 
of  the  committee  of  examination  and  finally  rapporteur  general. 
The  call  of  the  conference  and  the  rules  adopted  for  its  procedure 
are  appended  to  this  report  {Exhibits  A  and  B). 

The  British  Government,  in  order  to  facilitate  the  work  of  the 
conference,  called  for  a  memorandum  of  the  view^s  of  each  power  as 
to  their  practice  in  matters  covered  by  the  subjects  named  in  the  call 
for  the  conference. 

The  memoranda  thus  sent  was  finally  translated  into  French  and 
arranged  together  in  a  Red  Book  in  various  ways  and  under  several 
heads  with  convenient  bases  of  discussion.  This  book,  a  copy  of 
which  has  been  duly  forwarded  to  the  department,  ])roved  to  be  of 
great  value,  especially  in  the  earlier  days  of  the  conference,  in  crys- 
tallizing views  and  showing  points  of  agreement  and  variance  upon 
the  subjects  treated  by  the  conference. 

The  rules,  finally  formulated  by  the  conference  into  a  declaration 
relative  to  the  laws  of  maritime  war,  number  64  in  all.  and  cover  the 
subjects,  arranged  by  chapters,  of  Blockade  in  Time  of  War,  Contra- 
band of  War,  Unneutral  Service,  Destruction  of  Neutral  Prizes, 
Transfer  of  Flag,  Enemy  Character,  Convoy,  Resistance  to  Visit 
and  Indemnity. 

After  the  completion  of  the  formulation  of  the  rules  above  men- 
tioned the  conference,  considering  the  difficulties  that  may  arise  on 
account  of  the  constitutional  requirements  of  certain  states  which 
might  prevent  them  from  becoming  parties  to  The  Hague  convention 
for  the  establishment  of  the  international  prize  court  of  appeal,  drew 
up  a  protocol  of  closure  in  which  a  "  voeu  "  (or  wish)  was  expressed 


333 

to  their  several  Governments  (•ullin<j  attention  to  the  advantage  that 
would  arise  from  the  conclusion  of  an  arrangement  by  which  the 
states  affected  by  such  constitutional  difficulties  could  have  recourse 
to  the  international  prize  court  by  presenting  each  case  de  novo, 
without  affecting  the  rights  guaranteed  by  the  convention  either  to 
private  persons  or  to  their  Governments.  This  protocol,  with  its 
included  "  voeu,"  was  the  result  of  continued  efforts  made  by  tlie 
American  delegation  at  the  instance  of  the  Department  of  State.  It 
was  signed  by  all  of  the  plenipotentiaries  present,  or  by  the  dele- 
gates present  who  had  temporarily  taken  their  places. 

The  final  signing  of  the  declaration  of  the  protocol  was  effected  on 
the  2Gth  February,  after  which  the  conference  adjourned  sine  die. 

Chapter  I. — Blockade  in  Time  or  War. 

These  rules  are  definitely  understood  to  have  no  reference  to  what 
has  been  called  "  pacific  blockade." 

The  general  principles  in  regard  to  blockade  set  forth  in  the  Decla- 
ration of  Paris,  April  16,  1856,  which  have  been  interpreted  by 
courts,  and  are  therefore  fairly  established,  are  reaffirmed. 

The  right  of  the  commander  of  the  blockading  force  to  allow  or  to 
refuse  admission  to  a  blockaded  port  to  neutral  public  ships,  or 
neutral  vessels  in  distress,  is  recognized. 

The  method  of  establishing  and  raising  a  blockade  is  made  more 
clear.  Certain  States  which  had  customarily  maintained  a  position 
which  required  notification  of  the  existence  of  blockade  at  the  line  of 
blockade  made  concessions  to  those  which,  like  the  United  States, 
had  stood  for  the  principle  of  public  notification  to  the  Government 
whose  flag  the  ship  flies. 

Some  States,  including  the  United  States,  had  formerly  maintained 
that  the  liability  for  the  violation  of  the  blockade  continues  until 
the  vessel  has  reached  her  home  port  or  completed  her  voyage.  With 
the  development  of  modern  commerce  there  has  arisen  much  differ- 
ence of  opinion  as  to  what  constitutes  a  home  port  or  completion  of 
voyage,  and  in  fact  the  route  of  many  vessels,  such  as  tramp  cargo 
steamers,  is  determined  by  the  cargo  available  at  the  time,  and  such 
a  vessel  may  not  return  to  the  port  of  departure  for  months.  Under 
these  circumstances  and  with  a  view  to  avoiding  undue  interference 
with  neutral  commerce,  while  at  the  same  time  retaining  the  freedom 
of  action  for  the  belligerent,  a  rule  was  drawn  up  and  met  with  gen- 
eral favor,  to  the  effect  that  the  ship  guilty  of  violation  of  blockade  is 
liable  to  seizure  so  long  as  it  is  pursued  by  a  ship  of  the  blockading 
force  within*  the  area  of  blockading  operations  known  as  the  "  raj^on 
d'action."  or  before  entering  a  neutral  port  to  complete  her  voyage. 

Confiscation  is  the  general  penalty  for  violation  of  blockade. 

The  question  receiving  the  most  attention  was  that  of  "  rayon 
d'action."  Certain  States  were  in  favor  of  a  limitation  of  the  "  rayon 
d'action"  to  a  very  small  area.  The  American  delegation  regarded 
this  limitation  as  opj)Osed  to  the  principles  which  it  should  support. 
The  form  of  regulation  finally  adopted  is  as  follows: 

Neutral  vessels  can  not  be  captured  for  breach  of  blockade  except  within  the 
area  of  operations  of  the  war  ships  detailed  to  render  the  blockade  effective. 


334 

Statements  made  by  the  United  States  upon  the  subjects  of  block- 
ade and  area  of  operations  are  herewith  appended — Annex  B  and 
Annex  C. 

Chapter  II, — Coxtraband  of  War. 

The  question  of  contraband  involved  many  difficulties  which  can 
be  readily  understood  when  the  various  memoranda  submitted  by 
the  powers  on  that  subject  are  consulted.  It  is  to  the  credit  of  the 
conference  as  a  whole,  and  of  its  delegates  singly,  that  an  agreement, 
satisfactory  from  so  many  different  points  of  view,  was  reached. 
These  rules  are  more  in  harmony  with  modern  conditions  than  those 
formerly  existing,  and  lighten  the  burden  of  neutrals  in  war  time 
witlmut  sacrificing  belligerent  rights. 

The  conference  adheres  to  the  old  nomenclature  of  absolute  and 
conditional  contraband,  adding,  however,  a  free  list  of  articles  which 
can  not  be  considered  contraband  of  war. 

The  first  list — that  of  absolute  contraband — is  the  one  virtually 
agreed  upon  at  The  Hague,  which,  to  prevent  prolonged  discussion 
and  in  accordance  with  instructions  from  the  department,  was  ac- 
cepted as  a  whole  by  the  American  delegation.  Item  No.  7,  concern- 
ing horses,  etc.,  was  found  objectionable  by  one  delegation,  and  if  an 
amendment  had  been  allowed  to  the  list,  their  objection  would  have 
been  supported  by  the  American  delegation,  as  horses,  mules,  etc., 
in  the  United  States  could  be  considered  as  conditional  contraband. 
In  European  countries,  however,  liable  as  their  inhabitants  are  to 
forced  requisitions  for  horses,  etc.,  they  may  be  logically  considered 
as  absolute  contraband.  The  list  as  adopted  omits  many  articles 
named  in  the  various  memoranda,  such  as  canned  provisions,  sulphur, 
saltpeter,  and  other  materials  used  in  tlie  fabrication  of  explosives, 
which,  if  included,  would  have  been  prejudicial  to  the  United  States, 
and  also  omits  cotton,  which  under  one  memorandum  might  easily 
have  been  included. 

The  second  list  of  contraband — that  of  conditional  contraband — 
depends  for  determination  of  character  upon  the  destination,  whether 
for  peaceful  or  warlike  purposes. 

If  by  changes  in  warfare  other  materials  outside  of  the  free  list 
become  adapted  to  the  uses  of  war,  they  can  be  added  to  the  lists  of 
absolute  or  conditional  contraband  by  means  of  a  published  notifica- 
1  ion  to  the  other  powers  either  before  or  after  the  opening  of  hostilities. 

The  free  list  consists  of  17  groups  of  articles,  as  follows : 

1.  Raw  cotton,  wool,  silk,  jute,  flax,  hemp,  and  other  raw  materials  of  the 
textile  industries,  and  yarns  of  the  same. 

2.  Oil  seeds  and  nuts ;  copra. 

3.  Kul)l)er,  resins,  gums,  and  lacs;  hops. 

4.  Haw  hides  and  horns,  bones,  and  ivory. 

5.  Natural  and  artificial  manures,  including  nitrates  and  phosphates  for  agri- 
cultural purposes. 

6.  Metallic  ores. 

7.  Eartli,  clays,  lime,  chalk,  .stone,  including  marble,  bricks,  slates,  and  tiles. 

8.  Chinaware  and  glas.s. 

9.  Pai)er  and  paper-making  materials. 

10.  Soap,  paint,  including  articles  exclusively  used  in  their  manufacture,  and 
varnish. 

11.  Bleaching  powder,  soda  ash,  caustic  soda,  salt  cake,  ammonia,  sulphate  of 
ammonia,  and  sulphate  of  copper. 

12.  Agricultural,  mining,  textile,  and  printing  machinery. 


335 

ir?.  Prooious  and  soiiiiprecioiia  stones,  pearls,  ni()tlior-nfi)onrl,  ;i;ul  corals. 

14.  Clocks  and  watches,  other  than  chronometers. 

35.  Fashion  and  fancy  goods. 

IG.  Feathers  of  all  kinds,  hairs,  and  bristles. 

17.  Household  furniture;  ofBce  furniture  and  requirements. 

The  establishment  of  this  list  is  of  great  benefit  to  the  sea-borne 
foreign  trade  of  all  countries,  and  especially  to  that  of  the  United 
States,  whose  exports  and  imports  would  be  greatly  alTected  by  any 
nncei'tainty  regarding  cotton,  wool,  silk,  jute,  flax,  cotton  seed,  rubber, 
hides,  fertilizers,  metallic  ores,  paper  and  paper-making  materials, 
chemicals,  agricultural  and  other  machinery,  clocks  and  watches, 
furniture,  etc.  Drugs  and  medicines,  and  material  for  the  sick  and 
wounded,  are  included  among  those  not  contraband  of  war,  but  can 
be  lequisitioned  with  compensation  for  the  needs  of  the  sick  and 
wounded  of  the  captor. 

The  doctrine  of  continuous  voyage  is  retained  with  respect  to 
absolute  contraband  and  well  defined  in  article  30.  The  doctrine  of 
continuous  voyage  in  any  form  has  heretofore  bc^n  considered  as 
nonexistent  by  several  European  powers,  and  it  was  a  verj'  con- 
siderable concession  upon  their  part  to  accept  it  as  applied  to  absolute 
contraband.  On  our  part,  in  giving  up  continuous  voyage  as  applied 
to  conditional  contraband  and  blockade  we  gave  up  a  belligerent 
right  now  regarded  as  of  little  value.  The  articles  of  conditional 
contraband  carried  by  neutral  carriers  would  be  bulky  and  difficult 
to  trace  when  bound  for  the  common  stock  of  a  neutral  country. 
Not  being  earmarked,  they  would  be  most  difficult  of  seizure  when 
afloat.  They  would  be,  as  a  rule,  matters  of  export  by  us  as  neutrals, 
and  would  be  such  materials  as  foodstuffs,  oats,  hay,  railway  mate- 
rials, coal,  oil,  barbed  wire,  horseshoes,  etc.  It  is  unnecessary  to 
say  that  to  free  such  articles  from  the  fetters  of  the  continuous-voy- 
age doctrine  would  be  of  great  service  to  our  trade  during  w^ar  in 
which  the  United  States  is  a  neutral. 

INIuch  relief  is  afforded  to  neutrals  in  respect  to  the  penalty  of  car- 
rying contraband.  In  the  first  place,  the  ship  is  not  subject  to  con- 
fiscation unless  more  than  half  of  the  cargo  is  contraband,  to  be  deter- 
mined either  by  weight,  volume,  value,  or  freight  value. 

A  rule  was  adopted  that  a  ship  seized  for  carrying  contraband, 
although  not  itself  liable  to  confiscation  because  the  proportion  of 
contraband  was  below  one-half,  could  be  authorized  to  proceed  ac- 
cording to  circumstances  if  the  captain  was  ready  to  deliver  the  con- 
traband articles  to  the  belligerent  man-of-war.  The  captor  in  such 
a  case  has  the  option  of  destroying  the  contraband  which  is  thus  deliv- 
ered to  him.  This  procedure  is  one  of  value,  as  it  saves  from  capture 
and  detention  a  neutral  liner  filled  with  passengers,  mails,  and  valu- 
able freight,  wdiich  might  have  a  small  amount  of  contraband  known 
or  unknown  to  its  captain  and  owner.  This  procedure  is  also  in  con- 
formity with  many  treaties  made  by  the  United  States,  dating  from 
178;>  to  1804.  It  avoids  vexatious  seizure  (if  neutral  vessels — bad 
enough  in  the  times  of  small  vessels,  but  intolerable  with  the  great 
liners  of  to-day. 

Chapter  III. — Unneutral  Service. 

Certain  acts,  to  which,  by  forced  iuterpietation,  the  doctrines  of 
colli ral)and  or  of  blockade  had  at  times  been  extended,  are  recognized 
as  differing  both  in  natur/?  and  in  penalty   from  contraband   and 


336 

blockade.  Tims  much  confusion  is  avoided  in  time  of  war  upon 
the  sea.  Penalty  of  confiscation  of  ship  for  transport  of  troops  and 
dispatches  for  the  belligerent,  and  fqr  cooperation  in  assisting  the 
enemy,  is  provided,  and  in  general,  penalties  are  as  foT  carriage  of 
contraband.  The  penalty  of  confiscation  and  treatment  as  an  enemy 
ship  is  provided  for  a  ship  taking  direct  part  in  hostilities,  under 
orders  of  the  belligerent,  wholly  loaded  by  the  enemy  government  or 
when  exclusively  used  in  transport  service  of  the  enemy. 

The  aim  of  article  48  is  to  justify  the  taking  of  an  officer  incorpo- 
rated in  the  armed  forces  from  a  ship  without  bringing  the  ship,  if  it 
be  a  large  vessel,  into  port  for  adjudication,  and  also  to  allow  the 
arrest  of  an  officer  or  officers  of  higli  rank  who,  in  disguise  or  incog- 
nito and  unknown  to  the  captain  of  the  vessel,  are  on  board  of  a  neu- 
tral liner.  In  this  case  a  want  of  knowledge  on  the  part  of  the  proper 
authorities  of  the  vessel  might  readily  clear  the  vessel  from  any 
taint  and  show  there  was  no  proper  reason  for  sending  in  the  ship, 
but  the  right  to  take  the  prisoner  seems  important.  The  least  objec- 
tionable action  would  be  to  take  the  enemy  officer,  but  allow  the 
ship  to  proceed. 

Chapter  IV. — Destruction  of  Neutral  Prizes. 

This  question  was  considered  very  fully  and  frankly  by  the  con- 
ference. Views  at  first  thought  to  be  widely  divergent  were  found  to 
be  similar  in  many  respects.  While  some  proclaimed  the  right 
to  destroy  neutral  prizes,  no  one  admitted  that  this  could  be  done 
except  for  grave  reasons.  While  some  denied  the  right  to  destroy, 
all  were  inclined  to  admit  that  there  might  be  exceptional  circum- 
stances under  which  destruction  must  be  permitted. 

All  admitted  that  in  general  a  neutral  prize  ought  not  to  be  de- 
stroyed, but  should  be  taken  to  a  prize  court;  but  under  exceptional 
circumstances  a  vessel  otherwise  liable  to  confiscation  might  be 
destroyed,  though  it  would  be  necessary  to  care  for  persons  and 
papers  on  board. 

Necessity  for  destruction  must  be  first  established,  and  the  further 
fact  that  the  vessel  would  in  any  case  be  liable  to  confiscation  must 
also  be  established,  though  if  the  necessity  for  destruction  is  not 
established,  the  liability  of  the  state  of  the  destroying  vessel  to  pay 
indemnity  is  recognized  whether  or  not  the  neutral  vessel  is  guilty. 
The  owner  of  neutral  merchandise  on  board  w'hich  is  not  liable  to 
confiscation  is  also  entitled  to  indemnity.  Thus  restraint  commen- 
surate with  the  gravity  of  the  act  is  provided.  A  belligerent  com- 
mander destroying  a  neutral  vessel  puts  his  government  under  grave 
responsibilities,  which  are  here  recognized.  The  conclusion  set  forth 
in  these  rules  seems  to  be  in  accord  with  the  doctrine  of  the  United 
States. 

Chapter  V. — Transfer  of  Flag. 

The  subject  of  transfer  of  flag  of  a  ship  in  consequence  of  sale  in 
anticipation  of  or  during  war  was  the  suDJect  of  frequent  and  pro- 
longed discussion.  A  private  ship  of  the  enemy  would  be  liable  to 
capture  in  time  of  war,  while  the  ship  of  a  neutral  would  be  free.  It 
is  natural,  therefore,  that  the  owners  of  ships  which  would  be  liable 


337 

to  capture  in  time  of  war  should  desire  to  «void  this  liability  by 
sellin<)^  the  sliips  to  a  neutral  and  placing  them  under  a  free  (lag.  At 
the  same  time  a  belligerent  does  not  wish  to  be  deprived  of  the  oppor- 
tunity to  attack  ships  which  are  really  enemy  ships,  though  they  may 
be  for  the  time  flying  a  neutral  flag.  Thus  there  arises  in  time  of  war 
the  conflict  between  the  right  of  the  neutral  to  trade  with  one  bellig- 
erent and  the  right  of  the  other  belligerent  to  interfere  with  bellig- 
erent commerce. 

It  has  been  decided  that  commerce  in  ships  in  time  of  war  is,  in 
general,  not  legitimate  unless  it  is  bona  fide  commerce  and  not  under- 
taken to  evade  the  consequences  to  which  the  ship  would  be  liable  if 
it  retained  the  enemy  flag.  The  burden  of  proof  of  validity  of  the 
transfer  is  placed  on  the  vendor.  In  all  such  cases  commerce  would 
be  regarded  as  illegitimate  when  the  transfer  is  made  (1)  in  transitu 
or  in  a  blockaded  port,  (2)  with  the  right  of  repurchase  or  return, 
or  (3)  contrary  to  the  laws  of  the  flag  which  it  bears. 

It  would  also  be  possible,  and  to  some  extent  has  been  the  practice, 
for  shipowners  anticipating  war  to  make  transfers  just  before  the 
outbreak  of  war.  Such  transfers,  when  made  with  the  view  to  evad- 
ing the  consequences  of  the  war  and  not  as  commercial  transactions, 
are  not  regarded  as  legitimate,  but  the  burden  of  proof  rests  upon  the 
captor,  except  when  the  papers  in  regard  to  the  transfer,  which  has 
been  made  within  60  days  before  the  outbreak  of  war,  are  not  on 
board.  In  this  exceptional  case  the  burden  of  proof  of  the  validity 
of  the  transfer  is  placed  on  the  vessel,  as  there  is  not  sufficient  evi- 
dence at  hand  in  the  ship's  papers  to  enable  the  captor  to  release 
the  ship. 

It  would,  however,  be  an  undue  interference  with  commerce  if  all 
sales  or  sales  made  a  long  time  before  the  war  were  liable  to  be 
regarded  as  invalid.  It  is  therefore  decided  that  sales  made  more 
than  30  days  before  the  war,  even  though  made  with  the  idea  of 
evading  the  consequences  of  a  war  which  might  subsequently  break 
out,  would  be  valid  unless  there  is  some  irregularity  in  the  transfer 
itself,  or  unless  it  is  not  an  actual  transfer,  evidence  of  which  might 
be  in  the  fact  that  the  profits  and  control  remain  in  the  same  hands 
as  before  the  sale. 

There  are  thus  established  three  periods  under  which  transfer  of 
flag  is  considered,  (1)  during  war,  when  burden  of  proof  of  the 
validity  of  the  transfer  rests  upon  the  vender;  (2)  a  period  of  30 
days  before  the  war,  during  which  it  is  necessary  for  the  captor  to 
prove  that  the  transfer  is  made  to  evade  the  consequences  of  war; 
and  (3)  the  period  prior  to  30  days,  when,  regardless  of  whether  or 
not  the  transfer  is  made  to  escape  the  consequences  of  war,  it  is  neces- 
sary for  the  captor  to  establish  that  the  transfer  itself  is  irregular, 
or  not  in  fact  a  transfer.  It  is  also  necessary  that  in  order  to  have 
advantages  of  these  provisions,  a  vessel  transferred  within  GO  days 
before  the  war  shall  have  the  papers  relating  to  the  sale  on  board. 

These  provisions  establish  much  more  definite  rules,  where  for- 
merly there  had  been  great  diversity  of  practice  among  States,  or 
even  diversity  in  the  same  State  at  different  periods.  Commerce  in 
ships  is  recognized  as  legitimate  under  such  restrictions  as  seem 
necessary  in  order  to  safeguard  belligerent  rights. 


338 

The  attitude  of  the  American  deleiiation  is  shown  in  the  "  Expos6" 
(Annex  00)  appended.  The  American  delegation  advocated  the 
adoption  of  a  rule  to  the  following  effect : 

A  transfer  effected  before  the  outbreak  of  war  is  valid  if  it  is  absolute,  com- 
plete, bona  fide,  and  conforms  to  the  legislation  of  the  States  interested,  and  if 
it  has  for  its  effect  that  neither  the  control  of  the  ship,  nor  the  profits  arising 
from  its  use,  remain  longer  in  the  same  hands  as  before  the  transfer. 

If  the  captor  can  establish  that  the  above  conditions  have  not  been  fulfilled, 
the  transfer  is  presumed  to  have  intervened  with  the  intention  to  evade  the 
consequences  of  war.  and  is  null. 

This  rule,  practically  as  above,  was  adopted. 

The  American  delegation  also  advocated  the  placing  of  a  definite 
limit  to  the  period  during  which  transfers  made  before  the  war  could 
be  questioned,  and  such  a  provision  was  finally  adopted  by  the  con- 
ference. 

Thus  the  rights  of  belligerents  and  of  neutrals  are  defined  and 
safeguarded. 


-to' 


Chapter  VI. — Enemy  Character. 

The  consideration  of  this  topic  was  intrusted  to  a  "  comite  juri- 
dique  "  consisting  of  one  member  from  each  delegation.  The  States 
represented  at  the  conference  were  found  to  be  equally  divided, 
five  favoring  the  principle  of  domicile  of  the  proprietor  as  the  crite- 
rion of  character  of  goods  found  on  an  enemy  vessel  and  five  favoring 
nationality.  After  many  meetings,  it  was  found  impossible  to  reach 
an  agreement,  and  this  question  was  left  open,  the  rule  stating  that — 

The  neutral  or  enemy  character  of  merchandise  found  on  board  an  enemy  ship 
is  determined  by  the  neutral  or  enemy  character  of  its  proprietor. 

What  principle  should  decide  the  neutral  or  enemy  character  of  the 
proprietor  is  not  determined. 

The  other  rules  in  regard  to  enemy  character  in  the  main  formu- 
late existing  practice. 

Chapter  VII. — Convoy. 

Great  Britain  formerly  refused  to  admit  the  right  of  convoy  of 
neutral  merchant  vessels  by  neutral  ships  of  war.  In  a  spirit  of  con- 
ciliation that  Government  receded  from  its  former  position  and 
admitted  the  right  of  convoy.  There  remained  then  only  the  deter- 
mination of  the  method  of  its  exercise.  The  American  delegation 
steadily  maintained  that  as  the  effect  of  convoy  was  in  the  main  to 
remove  the  vessels  under  escort  from  the  belligerent  right  of  visit 
and  search,  the  convoying  officer  should  assume  the  responsibility 
for  the  vessels  under  his  control.  Naturally  a  war  vessel  of  a  bellig- 
erent approaching  a  convoy  would  be  entitled  to  obtain  the  informa- 
tion in  regard  to  the  vessels  under  convoy  that  it  would  obtain  from 
an  actual  visit  to  the  vessels  if  they  were  not  under  convoy.  The 
officer  in  command  of  the  public  vessel  convoying  the  merchant  ves- 
sels should  be  prepared  to  furnish  this  information.  The  comman- 
der of  the  vessel  of  the  belligerent  may  have  reason  to  believe  that  the 
convoying  officer  has  been  deceived,  and  in  such  case  may  properly 
request  that  his  suspicions  be  considered.  The  convoying  officer 
should  investigate,  and  may  if  he  desires  allow  an  officer  from  the 


339 

belligerent  vessel  to  share  the  investigation,  and  should  inform  the 
commander  of  the  belligerent  of  the  results  of  his  investigation. 

If  the  commander  of  the  convoy  finds  that  a  vessel  to  which  he  has 
given  escort  is,  in  his  opinion,  violating  his  good  faith,  he  ought  to 
withdraw  his  protection.  Such  a  vessel  has  forfeited  its  right  to 
protection,  and,  in  justice  both  to  other  neutrals  and  the  belligerent, 
ought  to  be  liable  for  the  consequences. 

This  rule  was  drawn  with  view  to  affording  the  greatest  con- 
venience and  service  to  neutrals,  without  depriving  belligerents  of 
proper  war  rights.  In  spirit  it  accords  with  both  American  doctrine 
and  treaties. 

Chapter  VIII. — Resistance  to  Visit  and  Search. 

A  general  accord  was  found  in  the  opinion  upon  this  subject,  and 
the  following  rule  was  adopted : 

Resistance  by  force  to  the  legitimate  exercise  of  the  right  of  visit,  search,  or 
seizure  renders  the  vessels  in  all  cases  liable  to  confiscation.  The  cargo  is  liable 
to  the  same  treatment  as  the  cargo  of  an  enemy  ship.  The  merchandise  be- 
longing to  the  captain  or  to  the  owners  of  the  ship  is  regarded  as  enemy 
mercliandise. 

Chapter  IX. — Indemnity  for  Seizure. 

It  has  been  recognized  by  prize  courts  that  in  cases  of  unjust  seizure 
the  vessel  seized  should  receive  indemnity  for  the  loss,  inconvenience, 
and  delay  which  it  has  suffered.  It  is  also  recognized  that  the  vessel 
while  innocent  may  appear  to  be  guilty,  and  that  the  captor  has  a 
right  to  demand  that  the  vessel  be  clearly  innocent.  This  would  not 
be  the  case  if  the  papers  were  irregular,  if  the  vessel  were  far  out  of 
its  course  and  near  a  blockaded  port,  or  otherwise  evidently  open  to 
suspicion.  Such  grounds  might  justify  the  belligerent  in  taking  the 
vessel  to  a  prize  court,  but  might. not  justify  condemnation  by  the 
court. 

That  the  rights  of  both  belligerents  and  neutrals  might  be  secured 
a  rule  in  accord  with  general  practice  was  formulated  to  the  effect 
that  when  the  seizure  of  a  ship  or  merchandise  is  declared  null  by  the 
prize  court,  or  if,  without  being  brought  to  judgment,  the  seizure  of 
the  vessel  is  not  sustained,  the  persons  interested  have  a  right  to 
indemnity  unless  there  have  been  sufficient  reasons  for  the  seizure  of 
ship  or  merchandise. 

Conclusion. 

In  closing  this  report,  the  American  delegation  to  the  International 
Naval  Conference  desires  to  state  that  the  declaration  adopted  by  the 
conference,  defining  the  relations  between  belligerents  and  belliger- 
ents, and  between  belligerents  and  neutrals,  will,  without  interfering 
with  legitimate  belligerent  or  neutral  action,  remove  many  of  the 
reasons  for  international  friction  and  misunderstanding,  wJiich  until 
the  present  time  have  frequently  existed.  Ten  powers  have  reached 
an  agreement  upon  matters  which,  if  left  to  divergent  practice,  and 
solely  to  national  prejudice,  would  have  made  some  of  the  earnest 
hopes  of  the  conferences  at  The  Hague  and  the  desire,'^  often  ex- 
pressed by  the  United  States  Government  impossible  of  realization. 

76844°— S.  Doc.  1063,  62-3 23 


340 

We  desire  to  recognize  the  unifonn  courtesy  and  hospitality  of  the 
British  Government,  and  we  specially  desire  to  express  our  appre- 
ciation of  the  great  assistance  rendered  to  us  in  many  ways  by  the 
American  ambassador  in  London,  and  by  the  various  members  of  the 
embassy  staff. 

We  have  the  honor  to  be,  sir, 
Your  obedient  servants, 

C.  H.  Stockton, 
George  Grafton  Wilson, 
Delegates  Plenipotentiary  to  the  International  Naval  Conference. 

Ellery  C.  Stowell, 

Secretary  of  the  Delegation. 


Exhibit  A. — Call  of  conference  hy  Great  Bi^tain, 

[Printed  ante,  p.  326.] 


Exhibit  B. — Rules  of  procedure. 

1.  Plenipotentiary  and  nonplenipotentiary  delegates  have  equally 
the  right  of  speaking  in  the  discussions  of  the  conference. 

2.  Secretaries  of  the  delegations  may  accompany  the  members  of 
their  delegation  at  all  the  sessions  of  the  conference. 

3.  The  sessions  of  the  conference  are  not  public.  Its  deliberations 
remain  strictly  confidential. 

4.  The  French  language  is  recognized  as  the  official  language  for 
the  deliberations  and  acts  of  the  conference.  Speeches  delivered  in 
another  language  are  given  orally  in  outline  in  French. 


Exhibit  C. — Statement  of  the  delegation  of  the  United  States  of 
America  regarding  the  "  radius  of  action.'''' 

The  American  delegation  accepts  in  principle  basis  No.  24  with  the 
reservation  that  the  belligerent  or  the  officer  in  command  of  the  block- 
ading force  shall  have  the  right  to  fix  the  length  of  the  radius  of 
action  which,  according  to  our  desire,  should  not  exceed  1.000  miles. 
The  radius  of  action  or  zone  of  operation  should  be  defined,  imme- 
diately upon  the  declaration  of  blockade,  by  the  officer  in  command 
of  the  blockading  force,  in  conformity  with  article  18.  The  American 
delegation  does  not  wish  to  impose  upon  belligerents  set  rules  as  to 
the  length  of  radius  of  action,  but  simply  to  ask  the  right  to  fix  a 
maximum  of  1,000  miles  when  circumstances  so  demand.  The  dele- 
gation concurs  in  the  remarks  of  Rear  Admiral  Le  Bris  regarding 
the  nature  of  the  radius  of  action  to  vary  with  geographical  condi- 
tions, the  propinquity  of  neutral  ports  and  interests  of  neutral  com- 
merce, as  well  as  with  the  force  employed. 

By  determining  the  area  of  the  zone  of  operation  the  delegation 
intends  to  ask  that  the  force  employed  be  proportionate  to  the  zone. 
No  country  has  been  more  steadfast  than  the  United  States  in  its 


341 

opposition  to  paper  blockades  and  it  holds  that  trie  force  charge>d 
with  the  duty  of  enforcing  the  blockade  must  be  proportionate  to  the 
zone  affected  thereby. 

The  delegation  adds,  in  explanation  of  the  wide  expanse  of  the 
desired  radius  of  action,  that  the  demand  rests  on  the  ground  that 
blockade  running  is  becoming  more  and  more  a  night  operation  and 
that  it  is  difficult  to  capture  a  vessel  before  daybreak  after  it  has  put 
to  sea.  The  final  chase  and  capture  take  place  where,  properly  speak- 
ing, the  outer  line  of  the  blockading  force  is  stationed.  The  distance 
of  that  line  varies  with  the  length  of  night  darkness  which  may  reach 
16  hours,  and  the  speed  of  the  vessels,  which  may  reach  30  knots. 
The  distance  may  thus  represent  a  zone  of  480  miles,  and  even  more 
if  the  inner  line  be  very  far  from  the  entrance  of  the  port 


Exhibit  D. — Statement  of  the  delegation  of.  the  United  States  re- 
garding the  pursuit  of  ships  in  cases  of  hlockade  rwnning. 

As  regards  article  25,  the  delegation,  while  believing  that  the  article 
could  advantageously  be  combined  with  article  24  so  as  to  deal  with 
the  question  of  blockade  as  a  whole,  accepts  the  article  under  the 
reservation  that  pursuit  is  considered  as  continuous  and  not  aban- 
doned, in  the  meaning  of  the  article,  even  though  it  should  be  aban- 
doned by  one  line  of  the  blockading  force  to  be  resumed  after  a  while 
by  a  ship  of  the  second  line  until  the  limit  of  the  radius  of  action 
shall  have  been  reached.  Under  certain  conditions  there  may  even 
be  several  lines,  each  one  with  its  respective  pursuit  zones. 


Exhibit  E. 

The  American  delegation  regrets  that  it  finds  it  necessary  to  make 
a  reservation  on  article  1  of  the  rules  relative  to  the  transfer  of  the 
flag.    It  holds  that  a  rule  which  reads — 

The  transfer  of  a  hostile  vessel  to  a  neutral  flag,  effected  before  the  opening  of 
hostilities,  is  valid  unless  it  should  be  established  that  the  transfer  was  effected 
with  a  view  to  eluding  the  consequences  that  go  with  the  character  of  a  hostile 
vessel — 

does  not  agree  with  the  spirit  of  the  modern  ndes  concerning  war, 
adopted  at  The  Hague,  whose  object  is — 

to  guarantee  the  safety  of  international  commerce  from  the  fortunes  of  war  and 
wishing,  in  accordance  with  modern  practice,  to  protect  as  far  as  possible 
transactions  entered  into  in  good  faith  and  in  progress  before  the  opening  of 
hostilities. 

Neither  does  it  agree  with  the  principle  which  would  restrict  the 
effects  of  war  to  the  duration  of  hostilities. 

The  rule  as  proposed  seems  to  aim  at  depriving  business  men  of  the 
legitimate  advantages  of  their  foresight.  It  does  not  say  how  long 
the  vessel  shall  be  held  in  possession  before  the  opening  of  hostilities 
whereby  ocean  commerce,  lawful  per  se,  would  be  protected  against 
the  disadvantages  of  a  seizure. 

It  must  be  granted  that  a  merchant  may  in  time  of  peace  endeavor, 
by  a  sale  of  his  property  of  whatever  nature,  to  protect  himself  from 


342 

certain  consequences  flowing  from  the  opening  of  hostilities.  This 
may  apply  to  a  ship  as  well  as  to  any  other  form  of  property. 

The  proposed  rule  would  have  a  laoundless  retroactive  effect. 

The  main  object  of  a  rule  concerning  a  transfer  of  the  flag  before 
the  opening  of  hostilities  is  to  preclude  transfers  that  are  not  bona 
fide  commercial  transactions. 

It  seems  to  the  American  delegation  that  this  object  could  be 
achieved  by  adopting  some  rule,  as  the  following: 

A  transfer  effected  before  the  besinniug  of  the  war  is  valid  if  absolute,  com- 
plete, in  good  faith,  and  in  accordance  with  the  law  of  the  countries  concerned, 
and  if  its  effect  is  that  neither  the  disposal  of  the  ship  nor  the  profit  derived 
from  its  use  remains  in  the  same  hands  as  before  the  transfer. 

If  the  captor  can  prove  that  the  above-mentioned  conditions  have  not  been 
fulfilled,  the  transfer  shall  be  presumed  to  have  been  interposed  with  the  intent 
of  eluding  the  consequences  of  war  and  shall  be  void. 


ARGENTINE  REPUBLIC. 

1909. 

Naturalization  Convention." 

Signed  at  Buenos  Aires  August  9,  1909;  ratification  advised  hy  the 

Senate  January  12,  1910. 

[The  text  of  this  convention  is  taken  from  the  copy  printed  for  the 
use  of  the  Senate  of  the  United  States.] 

Articles. 


I.  Naturalization  recognized. 
II.  Renunciation  of  naturalization. 
III.  Definition  of  citizen. 


IV.  Liability  for  prior  offenses. 
V.  DecJaratiou  of  intention. 
VI.  Effect ;  duration ;  ratification. 


The  Argentine  Republic  and  the  United  States  of  America,  led  by 
the  wish  to  regulate  the  citizenship  of  those  persons  who  emigrate 
from  the  Argentine  Republic  to  the  United  States  of  America,  and 
from  the  United  States  of  America  to  the  Argentine  Republic,  have 
resolved  to  make  a  Convention  on  this  subject,  and  have  appointed 
for  their  Plenipotentiaries,  namely: 

The  President  of  the  Argentine  Republic,  the  Secretary  of  State, 
Doctor  Victorino  de  la  Plaza  and  the  President  of  the  United  States 
of  America  the  Envoy  Extraordinary  and  Minister  Plenipotentiary 
in  the  Argentine  Republic  Mr.  Charles  H.  Sherrill  who  have  agreed 
upon  and  signed  the  following  articles: 

Article  I. 

Argentines  who  may  be  or  shall  have  been  naturalized  in  the  United 
States  of  America  upon  their  own  application  or  by  their  own  con- 
sent, will  be  considered  by  the  xirgentine  Republic  as  citizens  of  the 
United  States  of  America.  Reciprocally,  citizens  of  the  United 
States  of  America  who  may  be  or  shall  have  been  naturalized  in  the 
Argentine  Republic  upon  their  own  application  or  by  their  own  con- 
sent will  be  considered  by  the  United  States  of  America  as  citizens  of 
the  Argentine  Republic. 

Article  II, 

If  a  citizen  of  the  Argentine  Republic,  naturalized  in  the  United 
States  of  America,  renews  his  residence  in  the  Argentine  Republic, 
with  the  intention  not  to  return  to  the  United  States  of  America,  he 

•Not  ratified  by  Argentine  Republic. 
(343) 


344 

shall  be  held  to  have  renounced  his  naturalization  in  the  United 
States  of  America ;  and,  reciprocally,  if  a  citizen  of  the  United  States 
of  America,  naturalized  in  the  Argentine  Republic,  renews  his  resi^' 
dence  in  the  United  States  of  America,  ^ith  the  intention  not  to  re- 
turn to  the  Argentine  Republic,  he  shall  be  held  to  have  renounced 
his  naturalization  in  the  Argentine  Republic. 

The  intention  not  to  return  may  be  held  to  exist  when  the  person 
naturalized  in  one  of  the  two  countries  resides  more  than  two  years 
in  the  other;  but  this  presumption  may  be  destroyed  by  evidence  to 
the  contrary. 

Article  III. 

It  is  agreed  that  the  word  "  citizen  "  as  used  in  this  Convention, 
means  a  person  to  whom  nationality  of  the  Argentine  Republic  or  tlie 
United  States  of  America  attaches. 

Article  IV. 

A  recognized  citizen  of  the  one  party,  on  returning  to  the  territory 
of  the  other,  remains  liable  to  trial  and  punishment  for  an  action 
punishable  by  the  laws  of  his  original  country,  and  committed  before 
his  emigration,  but  not  for  the  emigration  itself,  saving  always  the 
limitation  established  by  the  laws  of  his  original  country,  and  any 
other  remission  of  liability  to  punishment. 

Article  V. 

The  declaration  of  an  intention  to  become  a  citizen  of  the  one  or 
the  other  country  has  not  for  either  party  the  effect  of  citizenship 
legally  acquired. 

Article  VI. 

The  present  Convention  shall  enter  into  execution  immediately 
after  the  exchange  of  ratifications,  and  in  case  either  of  the  two 
parties  should  notify  the  other  of  its  intention  to  terminate  the  same, 
it  shall  continue  in  force  for  one  year  counting  from  the  date  of 
said  notification. 

The  present  Convention  shall  be  submitted  for  the  approval  and 
ratification  of  the  Competent  Authorities  of  the  contracting  parties 
and  the  ratifications  shall  be  exchanged  at  Buenos  Aires  within 
twenty-four  months  from  that  date. 

In  witness  whereof,  the  representative  Plenipotentiaries  have 
signed  the  articles  which  precede,  in  the  English  and  Spanish  lan- 
guages, affixing  thereto  their  seals. 

Done  in  duplicate,  at  the  city  of  Buenos  Aires,  this  ninth  day  of 
August  1909. 

Charles  H.  Sherrill  [seal] 
V.  DE  LA  Plaza  [seal] 


1910. 

Pecuniary  Claims  Convention  Between  the  United  States  and 
Other  Powers  Represented  at  the  Fourth  International  Con- 
gress OF  American  States." 

Signed  at  Buenos  Aires  August  11,  1910;  ratification  advised  hy  the 

Senate  February  1,  1911. 

[The  text  of  this  convention  is  taken  from  the  copy  printed  for  the 
use  of  the  Senate  of  the  United  States.] 


First.  Claims  submitted;   decisions. 
Second.  Reference  to  permanent  court 

of  The  Hague. 
Third.  Special  jurisdiction. 


Fourth.  Effect;  duration. 
Fifth.  Denunciation. 
Sixth.  Duration   of   treaty   of  Mexico 
concerning  pecuniary  claims. 


Their  Excellencies  the  Presidents  of  the  United  States  of  America, 
Argentine  Republic,  Brazil,  Chile,  Colombia,  Costa  Rica,  Cuba, 
Dominican  Republic,  Ecuador,  Guatemala,  Haiti,  Honduras,  Mexico, 
Nicaragua,  Panama,  Paraguay,  Peru,  Salvador,  Uruguay,  and 
Venezuela ; 

Being  desirous  that  their  respective  countries  may  be  represented 
at  the  Fourth  International  American  Conference,  have  sent  thereto 
the  following  delegates,  duly  authorized  to  approve  the  recommenda- 
tions, resolutions,  conventions,  and  treaties  which  may  be  advanta- 
geous to  the  interest  of  America: 

United  States  of  America:  Henry  White,  Enoch  H.  Crowder,  I^ewis 

Nixon,  John  Bassett  Moore,  Bernard  Moses,  Lamar  C.  Quintero, 

Paul  Samuel  Reinsch,  David  Kinley. 
Argentine  Republic:  Antonio  Bermejo,  Eduardo  L.  Bidau,  Manuel 

A.  Montes  de  Oca,  Epifanio  Portela,  Carlos  Rodriguez  Larreta, 

Carlos  Salas,  Jose  A.  Terry,  Estanislao  S.  Zeballos. 
United  States  of  Brazil:  Joaquin  Murtinho,  Domicio  da  Gama,  Jose 

L.  Almeida  Nogueira,  Olavo  Bilac,  Gastao  da  Cunha,  Herculano  de 

Freitas. 
Republic  of  Chile:  Miguel  Cruchaga  Tocornal,  Emilio  Bello  Code- 

cido,  Anibal  Cruz  Diaz,  Beltran  Mathieu. 
Republic  of  Colombia:  Roberto  Ancizar. 
Republic  of  Costa  Rica:  Alfredo  Velio. 
Republic  of  Cuba:  Carlos  Garcia  V61ez,  Rafael  Montoro  y  Valdes, 

Gonzalo  de  Quesada  y  Arostegui,  Antonio  Gonzalo  Perez,  Jose  M. 

Carbonell. 
Dominican  RepvMic:  Americo  Lugo. 
Republic  of  Ecuador:  Alejandro  Cardenas. 
Republic   of   Guatemala:   Luis   Toledo   Herrarte,   Manuel   Arroyo, 

Mario  Estrada. 


•Awaiting  ratification  by  other  governments. 
(345) 


346 

RepuhJic  of  Tlaiti:  Con.-tantin  Fouchard. 

Repuhllc  of  Honduras:  Luis  Lazo  Arriatja. 

Mexican    United  States:    Victoriano    Salado    Alvarez,   Luis   Perez 

Verdia,  Antonio  Ramos  Pednieza,  Roberto  A,  Esteva  Ruiz. 
Republic  of  Nicaragua:  Manuel  Peres  iTlonso. 
Republic  of  Panama:  Belisario  Porra??. 

Republic  of  Paraguay :  Teodosio  Gonzalez,  Jose  P.  Montero. 
Republic  of  Peru :  Eugenio  Larrabure  y  Uniinue,  Carlos  Alvarez  Cal- 

aeron.  Jose  Antonio  de  Lavalle  y  Pardo. 
Republic  of  Salvador:  Federico  Mejia,  Francisco  Martinez  Suiirez. 
Republic  of  Uruguay:  Gonzalo  Ramirez.  Carlos  M.  de  Pena,  Antonio 

M.  Rodriguez,  Juan  Jose  de  Amezaga. 
United  States  of  Venezuela:  Manuel  Diaz  Rodriguez,  Cesar  Zumeta. 

\\Tio,  after  having  presented  their  credentials  and  the  same  having 
been  found  in  due  and  proper  form,  have  agreed  upon  the  following 
Convention  on  Pecuniary  Claims: 

First.  The  High  Contracting  Parties  agree  to  submit  to  arbitra- 
tion all  claims  for  pecuniary  loss  or  damage  which  may  be  presented 
by  their  respective  citizens  and  which  can  not  be  amicably  adjusted 
through  diplomatic  channels,  when  said  claims  are  of  sufficient  im- 
portance to  warrant  the  expense  of  arbitration. 

The  decision  shall  be  rendered  in  accordance  with  the  principles  of 
international  law. 

Second.  The  High  Contracting  Parties  agree  to  submit  to  the 
decision  of  the  permanent  Court  of  Arbitration  of  The  Hague  all 
controversies  which  are  the  subject  matter  of  the  present  treaty, 
unless  both  parties  agree  to  constitute  a  special  jurisdiction. 

If  a  case  is  submitted  to  the  Permanent  Court  of  The  Hague,  the 
High  Contracting  Parties  accept  the  provisions  of  the  treaty  relating 
to  the  organization  of  that  arbitral  tribunal,  to  the  procedure  to  be 
followed,  and  to  the  obligation  to  comply  with  the  sentence. 

Third.  If  it  shall  be  agreed  to  constitute  a  special  jurisdiction, 
there  shall  be  prescribed  m  the  convention  by  which  this  is  deter- 
mined the  rules  according  to  which  the  tribunal  shall  proceed,  which 
shall  have  cognizance  of  the  questions  involved  in  the  claims  referred 
to  in  article  1  of  the  present  treaty. 

Fourth.  The  present  treaty  shall  come  into  force  immediately  after 
the  31st  of  December,  1912.  when  the  treaty  on  pecuniary  claims, 
signed  at  Mexico  on  January  31.  1902,  and  extended  by  the  treaty 
signed  at  Rio  de  Janeiro  on  August  13,  1906,  expires. 

It  shall  remain  in  force  indefinitely,  as  well  for  the  nations  which 
shall  then  have  ratified  it  as  those  which  shall  ratify  it  subsequently. 

The  ratifications  shall  be  transmitted  to  the  Government  of  the 
Argentine  Republic,  which  shall  communicate  them  to  the  other 
contracting  parties. 

Fifth.  Any  of  the  nations  ratifying  the  present  treaty  may  de- 
nounce it.  on  its  own  part,  by  giving  two  years'  notice  in  writing,  in 
advance,  of  its  intention  so  to  do. 

This  notice  shall  be  transmitted  to  the  Government  of  the  Argen- 
tine Republic  and  through  its  intermediation  to  the  other  contracting 
parties. 

Sixth.  The  treaty  of  Mexico  shall  continue  in  force  after  Decem- 
ber 31,  1912,  as  to  any  claims  which  may,  prior  to  that  date,  have 
been  submitted  to  arbitration  under  its  provisions. 


347 

In  witness  whereof  the  pleni-potentiaries  and  delegates  sign  this 
convention  and  affix  to  it  the  seal  of  the  Fourth  International  Amer- 
ican Conference. 

Made  and  signed  in  the  city  of  Buenos  Aires,  on  the  11th  day  of 
August,  in  the  year  1910,  in  the  Spanish,  English,  Portuguese,  and 
French  languages,  and  filed  in  the  ministry  of  foreign  aflfairs  of  the 
Argentine  Republic,  in  order  that  certified  copies  may  be  taken  to  be 
forwarded  through  the  appropriate  diplomatic  channels  to  each  one 
of  the  signatory  nations. 

For  the  United  States  of  America : 

Henry  White. 

Enoch  H.  Crowder. 

Lewis  Nixon. 

John  Bassett  Moore, 

Bernard  Moses. 

Lamar  C.  Quintero. 

Paul  S.  Reinsch. 

David  Kinley. 
For  the  Argentine  Republic  : 

Antonio  Bermejo. 

Eduardo  L.  Bidau. 

Manuel  A.  Montes  de  Oca. 

Epifanio  Portela. 

Carlos  Salas. 

Jose  A.  Terry. 

Estanislao  S.  Zeballos. 
For  the  United  States  of  Brazil : 

Joaquim  Murtinho. 

DoMicio  da  Gama. 

Jose  L.  Almeida  Nogueira. 

Olavo  Bilac. 

Gastao  da  Cunha. 

Herculano  de  Freitas. 

For  the  Republic  of  Chili: 

Miguel  Cruchaga  Tocornal. 

Emiijlo  Bello  Codecido. 

Anibal  Cruz  Diaz. 

Beltran  Mathieu. 
For  the  Republic  of  Colombia : 

Roberto  Ancizar. 
For  the  Republic  of  Costa  Rica : 

Alfredo  Volio. 
For  the  Republic  of  Cuba: 

Carlos  Garcia  Velez. 

Rafael  Montoro  y  Valdes. 

GONZALO   DE   QuESADA   Y   ArOSTEGUI. 

Antonio  Gonzalo  Perez. 

Jose  M.  Carbonell. 
For  the  Dominican  Republic : 

Americo  Lugo. 
For  the  Republic  of  Ecuador : 

Alejandro  Cardenas. 


348 

For  the  Republic  of  Guatemala : 

Luis  Toledo  Herrarte. 

Manuel  Arroyo. 

Mario  Estrada. 
For  the  Republic  of  Haiti: 

CoNSTANnN   FOUCHAKD, 

For  the  Republic  of  Honduras : 

Luis  Lazo  Arriaga. 
For  the  Mexican  United  States : 

ViCTORIANO    SaLADO    AlVAREZ. 

Luis  Perez  Verdia, 

Antonio  Ramos  Pedrueza. 

Roberta  A.  Esteva  Rijiz. 
For  the  Republic  of  Nicaragua : 

Manuel  Perez  Alonso. 
/or  the  Republic  of  Panama : 

Belisario  Porras. 
For  the  Republic  of  Paraguay : 

Teodosio  Gonzalez, 

Jose  P.  Montero. 
For  the  Republic  of  Peru: 

Eugenio  Larrabure  y  Unauue. 

Carlos  Alvarez  Caldekon. 

Jose  Antonio  de  Lavalle  y  Pardo, 
For  the  Republic  of  Salvador : 

Federico  Mejia. 

Francisco  Martinez  Suarez. 
For  the  Republic  of  Uruguay : 

GoNZALO  Ramirez. 

Carlos  M.  de  Pena. 

Antonio  M.  Rodriguez. 

Juan  Jose  Amezaga. 
For  the  United  States  of  Venezuela : 

Manuel  Diaz  Rodriguez, 

CfiSAR  ZUMETA. 


1910 

Convention  Concerning  Literary  and  Artistic  Copyright,  Signed 
BY  the  Delegates  of  the  United  States  and  Other  Countries 
Represented  at  the  Fourth  International  Congress  of  Ameri- 
can States." 

Signed  at  Buenos  Aires  August  11^  1910;  ratification  advised  hy  the 

Senate  February  15,  1911. 

[The  text  of  this  convention  is  taken  fi-om  the  copy  printed  for  the 
use  of  the  Senate  of  the  United  States.] 

Aeticles. 


I.  Obligation. 
II.  Defiuitlon  of  "  literary  and  artis- 
tic worlv." 
III.  Effect  of  copyright. 
IV.  Privileges. 

V.  In  whose  favor  recognized. 
VI.  Reciprocal  rights  of  authors. 
VII.  Country  of  origin. 
VIII.  Loss  of  right  to  copyright. 
IX.  Translations. 


X.  Addresses  and  discourse*. 
XI.  Newspapers. 
XII.  Fragments  of  literary  works. 

XIII.  Illicit  reproductions. 

XIV.  Fraudulent   works  liable  to   se- 

questration. 
XV.  Rights     of    individual     govern- 
ments. 
XVI.  Deposit  of  ratifications. 


Their  Excellencies  the  Presidents  of  the  United  States  of  America, 
the  Argentine  Republic,  Brazil,  Chile,  Colombia,  Costa  Rica,  Cuba, 
Dominican  Republic,  Ecuador,  Guatemala,  Haiti,  Honduras,  Mexico, 
Nicaragua,  Panama,  Paraguay,  Peru,  Salvador,  Uruguay,  and  Ven- 
ezuela ; 

Being  desirous  that  their  respective  countries  may  be  represented 
at  the  Fourth  International  American  Conference,  have  sent  thereto 
the  following  delegates  duly  authorized  to  approve  the  recommenda- 
tion, resolutions,  conventions,  and  treaties,  which  they  might  deem 
advantageous  to  the  interests  of  America : 

United  States  of  America:  Henry  White,  Enoch  H.  Crowder,  Lewis 

Nixon,  John  Bassett  Moore,  Bernard  Moses,  Lamar  C.  Quintero, 

Paul  Samuel  Reinsch,  David  Kinley. 
Argentine  Revuhlic:  Antonio  Bermejo,  Eduardo  L.  Bidau,  Manuel  A. 

Montes  de  Oca,  Epifanio  Portela,  Carlos  Rodriguez  Larreta,  Carlos 

Salas,  Jose  A.  Terry,  Estanislao  S.  Zeballos. 
Vmted  States  of  Brazil:  Joaquin  Murtinho.  Domicio  da  Gama,  Jose 

L.  Almeida  Nogueira,  Olavo  Bilac,  Gustao  da  Cunha,  Herculano 

de  Freitas. 
RejruUic  of  Chile:  Miguel  Cruchaga  Tocomal,  Emilio  Belle  Code- 

cido,  Anibal  Cruz  Diaz,  Beltran  Mathieu. 
Republic  of  Colombia:  Roberto  Ancizar. 


"Awaiting  ratification  by  otber  governments. 
(349) 


350 

Repuhlic  of  Costa  Rica:  Alfredo  Volio. 

Republic  of  Cxiba:  Carlos  Garcia  Velez,  Rafael  IMontoro  y  Valdes, 

Gonzalo  de  Quesada  y  Arostegui,  Antonio  Gonzalo  Perez,  Jose  M. 

Carbonell. 
DoTninican  Repuhlic:  Americo  Lugo. 
Republic  of  Ecuador:  Alejandro  Cardenas. 
Republic  of  Guatemala:  Luis  Toledo  Herrarte,  Manuel  Arroyo,  Mario 

Estrada. 
Republic  of  Haiti:  Constantin  Fouchard. 
Republic  of  Honduras:  Luis  Lazo  Arriaga. 
Mexican    United  States:   Victoriano    Salado    Alvarez,   Luis   Perez 

Yerdia,  Antonio  Ramos  Pedrueza,  Roberto  A.  Esteva  Ruiz. 
Republic  of  Nicaragua:  Manuel  Perez  Alonso. 
Republic  of  Panama:  Belisario  Porras. 

Republic  of  Paraguay:  Teodosio  Gonzalez,  Jose  P.  Montero. 
Republic  of  Peru :  Eugenio  Larrabure  y  Unanue,  Carlos  Alvarez  Cal- 

deron,  Jose  Antonio  de  Lavalle  y  Pardo. 
Republic  of  Salvador:  Federico  Mejia,  Francisco  Martinez  Suarez. 
Republic  of  Uruguay:  Gonzalo  Ramirez,  Carlos  M.  de  Pena,  Antonio 

M.  Rodriguez,  Juan  Jose  Amezaga. 
United  States  of  Venezuela:  Manuel  Diaz  Rodriguez,  Cesar  Zumeta. 

Who,  after  having  presented  their  credentials  and  the  same  having 
been  found  in  due  and  proper  form,  have  agreed  upon  the  following 
convention  on  literary  and  artistic  copyright. 

First.  The  signatory  States  acknowledge  and  protect  the  rights  of 
literary  and  artistic  property  in  conformity  with  the  stipulations  of 
the  present  convention. 

Second.  In  the  expression  "  literary  and  artistic  works  "  are  in- 
cluded books,  writings,  pamphlets  of  all  kinds,  whatever  may  be 
the  subject  of  which  they  treat,  and  whatever  the  number  of  their 
pages;  dramatic  or  dramatico-musical  works;  choreographic  and 
musical  compositions,  with  or  without  words;  drawings,  paintings, 
sculpture,  engravings;  photographic  works;  astronomical  or  geo- 
graphical globes;  plans,  sketches  or  plaster  works  relating  to  geog- 
raphy, geology  or  topography,  architecture  or  any  other  science ;  and, 
finally,  all  productions  that  can  be  published  by  any  means  of  impres- 
sion or  reproduction. 

Third.  The  acknowledgment  of  a  copyright  obtained  in  one  state, 
in  conformity  with  its  laws,  shall  produce  its  effects  of  full  right,  in 
all  the  other  states,  without  the  necessity  of  complying  with  any 
other  formality,  provided  always  there  shall  appear  in  the  work  a 
statement  that  indicates  the  reservation  of  the  property  right. 

Fourth.  The  copyright  of  a  literary  or  artistic  work,  includes  for 
its  author  or  assigns  the  exclusive  power  of  disposing  of  the  same,  of 
publishing,  assigning,  translating,  or  authorizing  its  translation  and 
reproducing  it  in  any  form  whether  wholly  or  in  part. 

Fifth.  The  author  of  a  protected  work,  except  in  case  of  proof  to 
the  contrary,  shall  be  considered  the  person  whose  name  or  well 
known  nom  de  plume  is  indicated  therein ;  consequently  suit  brought 
by  such  author  or  his  representative  against  counterfeiters  or  viola- 
tors, shall  be  admitted  by  the  courts  of  the  si^atory  states. 

Sixth.  The  authors  or  their  assigns,  citizens  or  domiciled  for- 
eigners, shall  enjoy  in  the  signatory  countries  the  rights  that  the 


351 

respective  laws  accord,  without  those  rights  beinpf  allowed  to  exceed 
the  term  of  protection  <Tranted  in  the  country  of  orif^in. 

For  works  comprisino;  several  volumes  that  are  not  published  simul- 
taneously, as  well  as  for  bulletins,  or  parts,  or  periodical  publications, 
the  term  of  the  copyright  will  comniencje  to  run,  with  respect  to  each 
volume,  bulletin,  part,  or  periodical  publication,  from  the  respective 
date  of  its  publication. 

Seventh.  The  country  of  origin  of  a  work  will  be  deemed  that  of  its 
first  publication  in  America,  and  if  it  shall  have  appeared  simulta- 
neously in  several  of  the  signatory  countries,  that  which  fixes  the 
shortest  period  of  protection. 

Eighth.  A  work  which  was  not  originally  copyrighted  shall  not  be 
entitled  to  copyright  in  subsequent  editions. 

Ninth.  Authorized  translations  shall  be  protected  in  the  same 
manner  as  original  works. 

Translators  of  works  concerning  which  no  right  of  guaranteed 
property  exists,  or  the  guaranteed  copyright  of  which  may  have  been 
extinguished,  may  obtain  for  their  translations  the  rights  of  property 
set  forth  in  article  3,  but  they  shall  not  prevent  the  publication  of 
other  translations  of  the  same  work. 

Tenth.  Addresses  or  discourses  delivered  or  read  before  deliber- 
ative assemblies,  courts  of  justice,  or  at  public  meeting,  may  be 
printed  in  the  daily  press  without  the  necessity  of  any  authorization, 
with  due  regard,  however,  to  the  provisions  of  the  domestic  legislation 
of  each  nation. 

Eleventh.  Literary,  scientific,  or  artistic  writings,  whatever  may 
be  their  subjects,  published  in  newspapers  or  magazines,  in  any  one 
of  the  countries  of  the  union,  shall  not  be  reproduced  in  the  other 
countries  without  the  consent  of  the  authors.  With  the  exception 
of  the  works  mentioned,  any  article  in  a  newspaper  may  be  reprinted 
by  others,  if  it  has  not  been  exprcvssly  prohibited,  but  in  every  case 
the  source  from  which  it  is  taken  must  be  cited. 

News  and  miscellaneous  items  published  merely  for  general  infor- 
mation do  not  enjoy  protection  under  this  convention. 

J^welfth.  The  reproduction  of  extracts  from  literary  or  artistic 
publications  for  the  purpose  of  instruction  or  chrestomathy,  does 
not  confer  any  right  of  property,  and  may  therefore  be  freely  made 
in  all  the  signatory  countries. 

Thirteenth.  The  indirect  appropriation  of  unauthorized  parts  of  a 
literary  or  artistic  work,  having  no  original  character,  shall  be  deemed 
an  illicit  reproduction,  in  so  far  as  affects  civil  liability. 

The  reproduction  in  any  form  of  an  entire  work,  or  of  the  greater 
part  thereof,  accompanied  by  notes  or  commentaries  under  the  pre- 
text of  literary  criticism  or  amplification,  or  supplement  to  the  origi- 
nal work,  shall  also  be  considered  illicit. 

Fourteenth.  Every  publication  infringing  a  copyright  may  be 
confiscated  in  the  signatory  countries  in  which  the  original  work 
had  the  right  to  be  legally  protected,  without  prejudice  to  the  indem- 
nities or  penalties  which  the  counterfeiters  may  have  incurred  accord- 
ing to  the  laws  of  the  country  in  which  the  fraud  may  have  been 
committed. 

Fifteenth.  Each  of  the  Governments  of  the  signatoiy  countries, 
shall  retain  the  right  to  permit,  inspect,  or  prohibit  the  circulation, 


352 

representation,  or  exhibition  of  works  or  productions  concerning 
which  the  proper  authority  may  have  to  exercise  that  right. 

Sixteenth.  The  present  convention  shall  become  operative  between 
the  signatory  States  which  ratify  it  three  months  after  they  shall  have 
communicated  their  ratification  to  the  Argentine  Government,  and  it 
shall  remain  in  force  among  them  until  a  year  after  the  date  when  it 
may  be  denounced.  This  denunciation  shall  be  addressed  to  the 
Argentine  Government  and  shall  be  without  force  except  with  respect 
to  the  country  making  it. 

In  witness  whereof  the  plenipotentiaries  have  signed  the  present 
treaty  and  affixed  thereto  the  seal  of  the  Fourth  International  Ameri- 
can Conference. 

Made  and  signed  in  the  city  of  Buenos  Aires  on  the  11th  day  of 
August  in  the  year  1910,  in  Spanish,  English,  Portuguese,  and  French, 
and  deposited  in  the  ministry  of  foreign  affairs  of  the  Argentine 
Republic  in  order  that  certified  copies  be  made  for  transmission  to 
each  one  of  the  signatory  nations  through  the  appropriate  diplomatic 
channels. 

For  the  United  States  of  America: 

Henet  White. 
Enoch  H.  Crowder. 
Le\\ts  Nixon. 
John  Bassett  Moore. 
Bernard  Moses. 
Lamar  C.  Quintero. 
Paul  S.  Reinsch. 
David  Kinley. 

For  the  Argentine  Republic : 

Antonio  Bermejo. 
Eduardo  L.  BroAU. 
Manuel  A.  Montes  de  Oca, 
Epieanio  Portela. 
Carlos  Salas. 
JosE  A.  Terry. 

ESTANISLAO   S.   ZeBALLOS. 

For  the  United  States  of  Brazil : 

JOAQUIM    MURTINHO. 
DOMICIO  DA   GaMA. 

Jose  L.  Almeida  Nogueira. 
Olavo  Bilac. 
Gastao  da  Cunha. 
Herculano  de  Freitas. 


For  the  Republic  of  Chile : 


Miguel  Cruchaga  Tocornai* 
Emilio  Bei>lo  Codecido. 
ANfBAL  Cruz  Diaz. 
Beltran  Mathieu. 


For  the  Republic  of  Colombia: 

Roberto  Ancizak. 

For  the  Republic  of  Costa  Rica : 

Alfredo  Volio, 


353 

For  the  Republic  of  Cuba : 

Carlos  Garcia  Velez. 
Rafael  Montoro  y  Valdes. 

GONZALO   DE   QuESADA   Y   ArOSTEGUI. 

Antonio  Gonzalo  Perez. 
Jose  M.  Carbonell. 

For  the  Dominican  Republic: 

Americo  Lugo. 

For  the  Republic  of  Ecuador: 

Alejandro  Cardenas. 

For  the  Republic  of  Guatemala: 

Luis  Toledo  ILerrartb. 

Manuel  Arroyo. 

Mario  Estrada. 
For  the  Republic  of  Haiti : 

CONSTANTIN  FoUCHAED. 

For  the  Republic  of  Honduras: 

Luis  Lazo  Abbiaga. 

For  the  Mexican  United  States : 

Victorianio  Salado  Alvarez. 
Luis  Perez  Verdia. 
Roberto  A..  Esteva  Ruiz. 

For  ihe  Republic  of  Nicaragua : 

Manuel  Perez  Alonso. 

For  the  Republic  of  Panama : 

Belisario  Porras. 

For  the  Republic  of  Faraway : 

Teodosio  Gonzalez. 
Jose  P.  Montero. 

For  the  Republic  of  Peru  : 

Eugenio  Larraburb  y  Unauije. 

Carlos  Alvarez  Calderon, 

Jose  Antonio  de  Lavalle  y  Paiux). 
For  the  Republic  of  Salvjidor: 

Federico  Mejia. 

Ftianciscxd  Martinez  Suarez. 

For  the  Republic  of  Uruguay : 

Gonzalo  R.AMrREz. 
Carlos  M.  de  Pena. 
Antonio  M.  Rodriguez. 
Juan  Jose  Amezaga. 

For  the  United  States  of  Venezuela : 

Manuel  Diaz  Rodriguez. 
Cesar  Zumeta. 


1910. 


CoxvENTioN  Concerning  the  Protection  of  Trade-Marks  Signed 
BY  the  Delegates  Representing  the  United  States  and  Other 
Countries  Eepresented  at  the  Fourth  International  Congress 
OF  American  States." 

Signed  at  Buenos  Aires  August  20,  1910;  ratif,cation  advised  hy  the 

Senate  Fehruary  8, 1911. 

[The  text  of  this  convention  is  taken  from  the  copy  printed  for  the 
use  of  the  Senate  of  the  United  States.] 


Abticles. 


I.  Obligation. 
II.  Recognition  of  registration. 
III.  Effect  of  deposit  as  to  priority. 
IV.  What    shall    be    considered    as 

trade-mark. 
V.  What    can    not   be    adopted    as 
trade-mark. 
Determination  of  priority. 
Incidents  of  ownership  of  trade- 
mark. 
Unlawful  use  of  trade-mark. 
IX.  Procedure     in     securing     annul- 
ment of  trade-mai-k. 
X.  Protection  of  commercial  names. 


VI 
VII. 

VIII. 


XI. 

XII. 

XIII. 

XIV. 

XV. 

XVI. 

XVII. 

XVIII. 

XIX. 


Formation  of  union  of  Ameri- 
can States. 

Duties  of  international  bu- 
reaus. 

Places  at  which  trade-marks 
shall  be  deposited. 

Books  and  accounts  of  inter- 
national bureaus. 

Regulations. 

Organization. 

Former  treaties  superseded. 

Ratification. 

Denunciation. 


Their  Excellencies  the  Presidents  of  the  United  States  of  America, 
the  Argentine  Republic.  Brazil,  Chili,  Colombia,  Costa  Rica,  Cuba, 
Dominican  Republic,  Ecuador,  Guatemala,  Haiti,  Honduras,  Mex- 
ico, Nicaragua,  Panama,  Paraguay,  Peru,  Salvador,  Uruguay,  and 
Venezuela ; 

Being  desirous  that  their  respective  countries  may  be  represented 
at  the  Fourth  International  American  Conference,  have  sent  thereto 
the  following  delegates,  duly  authorized  to  approve  the  recommenda- 
tions, resolutions,  conventions,  and  treaties  which  they  might  deem 
advantageous  to  the  interest  of  America : 

United  States  of  America:  Henry  "White,  Enoch  H.  Crowder,  Lewis 

Nixon,  John  Bassett  Moore.  Bernard  Moses,  Lamar  C.  Quintero, 

Paul  Samuel  Reinsch,  David  Kinley. 
Argentine  Repuhlic:  Antonio  Bermejo,  Eduardo  L.  Bidau,  Manuel 

A.  Montes  de  Oca,  Epifanio  Portela,  Carlos  Rodriguez  Larreta, 

Carlos  Salas,  Jose  A.  Terry,  Estanislao  S.  Zeballos. 
United  States   of  Brazil:   Joaquim   Murtinho,   Dimicio   da   Gama, 

Jose  L.  Almeida  Nogueria,  Olavo  Bilac,  Gastao  da  Cunha,  Hercu- 

lano  de  Freitas. 
Republic  of  Chili:  Miguel  Cruchaga  Tocornal,  Emilio  Bello  Code- 

cido,  Anibal  Cruz  Diaz,  Beltran  Mathieu. 

•Awaiting  ratification  by  other  governments. 
(354) 


355 

Republic  of  Golorribia:  Roberto  Ancizar. 

RepuhUc  of  Costa  Rica:  A4fredo  Volio. 

Republic  of  Cuba:  Carlos  Garcia  Velez,  Rafael  Montoro  y  Valdes, 
Gonzalo  de  Quesada  y  Arostegui,  Antonio  Gonzalo  Perez,  Jose  M. 
Carbonell. 

Dominican  Republic:  Americo  Lugo. 

Republic  of  Ecuador:  Alejandro  Ciirdenas. 

Republic  of  Guuternala:  Luis  Toledo  Herrarte,  Manuel  Ari>oyo, 
Mario  Estrada. 

Republic  of  Ilaiti:  Constantin  Fouchard. 

Republic  of  Honduras:  Luis  Lazo  Arriaga. 

Mexican  United  States:  Victoriano  Salado  Alvarez,  Luis  Perez 
Verdia,  Antonio  Ramos  Pedrueza,  Roberto  A.  Esteva  Ruiz. 

Republic  of  Nicaragua:  Manuel  Perez  Alonso. 

Republic  of  Panama:  Belisario  Porras. 

Republic  of  Paraguay:  Teodosio  Gonzalez,  Jose  P.  Montero, 

Republic  of  Peru:  Eugenio  Larrabure  y  Unanue,  Carlos  Alvarez 
Calderon,  Jose  Antonio  de  Lavalle  y  Pardo. 

Republic  of  Salvador:  Federico  Mejia,  Francisco  Martinez  Suarez. 

Republic  of  Uruguay:  Gonzalo  Ramirez,  Carlos  M.  de  Pena,  Anto- 
nio M.  Rodriguez,  Juan  Jose  Amezaga. 

United  States  of  Venezuela:  Manuel  Diaz  Rodriguez,  Cesar  Zumeta. 

Who,  after  having  presented  their  credentials  and  the  same  hav- 
ing been  found  in  due  and  proper  form,  have  agreed  upon  the 
following  Convention  for  the  Protection  of  Trade-Marks. 

Article  I. 

The  signatory  nations  enter  into  this  convention  for  the  protec- 
tion of  trade-marks  and  commercial  names. 

Article  II. 

Any  mark  duly  registered  in  one  of  the  signatory  States  shall  be 
considered  as  registered  also  in  the  other  States  of  the  union,  without 
prejudice  to  the  rights  of  third  persons  and  to  the  provisions  of  the 
laws  of  each  State  governing  the  same. 

In  order  to  enjoy  the  benefit  of  the  foregoing,  the  manufacturer  or 
merchant  interested  in  the  registry  of  the  mark  must  pay,  in  addition 
to  the  fees  or  charges  fixed  by  the  laws  of  the  State  in  which  applica- 
tion for  registration  is  first  made,  the  sum  of  fifty  dollars  gold,  which 
sum  shall  cover  all  the  expenses  of  both  bureaus  for  the  international 
registration  in  all  the  signatory  States. 

Article  III. 

The  deposit  of  a  trade-mark  in  one  of  the  signatory  States  produces 
in  favor  of  the  depositor  a  right  of  priority  for  the  period  of  six 
months,  so  as  to  enable  the  depositor  to  make  the  deposit  in  the  other 
States. 

Therefore  the  deposit  made  subsequently  and  prior  to  the  expira- 
tion of  this  period  can  not  be  annulled  by  acts  performed  in  the  inter- 
val, especially  by  another  deposit,  by  publication,  or  by  the  use  of 
the  mark. 

76844°— S.  Doc.  1063.  62-3 24 


356 
Article  IV. 

The  following  shall  be  considered  as  trade-mark:  Any  sign,  em- 
blem, or  especial  name  that  merchants  or  manufacturers  may  adopt 
or  apply  to  their  goods  or  products  in  order  to  distinguish  them 
from  those  of  other  manufacturers  or  merchants  who  manufacture 
or  deal  in  articles  of  the  same  kind. 

Article  V. 

The  following  can  not  be  adopted  or  used  as  trade-mark:  National, 
provincial,  or  municipal  flags  or  coats-of-arms;  immoral  or  scanda- 
lous figures;  distinctive  marks  which  may  have  been  obtained  by 
others  or  which  may  give  rise  to  confusion  with  other  marks;  the 
general  classification  of  articles;  pictures  or  names  of  persons  without 
their  permission;  and  any  design  which  may  have  been  adopted  as 
an  emblem  by  any  fraternal  or  humanitarian  association. 

The  foregoing  provisions  shall  be  construed  without  prejudice  to 
the  particular  provisions  of  the  laws  of  each  State. 

Article  VI. 

All  questions  which  may  arise  regarding  the  priority  of  the  deposit 
or  the  adoption  of  a  trade-mark  shall  be  decided  with  due  regard  to 
the  date  of  the  deposit  in  the  State  in  which  the  first  application 
was  made  therefor. 

Article  VIL 

The  ownership  of  a  trade-mark  includes  the  right  to  enjoy  the 
benefits  thereof  and  the  right  of  assignment  or  transfer  in  whole  or 
in  part  of  its  ownership  or  its  use  in  accordance  with  the  provisions 
of  the  laws  of  the  respective  States. 

Article  VIII. 

The  falsification,  imitation,  or  unauthorized  use  of  a  trade-mark, 
as  also  the  false  representation  as  to  the  origin  of  a  product,  shall  be 
prosecuted  hy  the  interested  party  in  accordance  with  the  laws  of 
the  State  wherein  the  offense  is  committed. 

For  the  effects  of  this  article,  interested  parties  shall  be  understood 
to  be  any  producer,  manufacturer,  or  merchant  engaged  in  the  pro- 
duction, manufacture,  or  traffic  of  said  product,  or  in  the  case  of  false 
representation  of  origin,  one  doing  business  in  the  locality  falsely 
indicated  as  that  of  origin,  or  in  the  territory  which  said  locality  is 
situated. 

Article  IX. 

Any  person  in  any  of  the  signatory  States  shall  have  the  right  to 
petition  and  obtain  in  any  of  the  States,  through  its  competent  judi- 
cial authority,  the  annullment  of  the  registration  of  a  trade-mark, 
when  he  shall  have  made  application  for  the  registration  of  that 
mark,  or  of  any  other  mark,  calculated  to  be  confused,  in  such  State, 
with  the  mark  in  whose  annullment  he  is  interested,  upon  proving. 


357 

(a)  That  the  mark  the  registration  whereof  he  solicits  has  been 
employed  or  used  within  the  country  prior  to  the  emjiloyment  or  use 
of  the  mark  re^ristered  by  the  person  re^^istering  it  or  by  the  persons 
from  whom  he  has  derived  title; 

(b)  That  the  registrant  had  Imowledge  of  the  ownership,  employ- 
ment, or  use  in  any  of  the  signatory  States  of  tlie  mark  of  the  appli- 
cant the  annullment  whereof  is  sought  prior  to  the  use  of  the  regis- 
tered mark  by  the  registrant  or  by  those  from  whom  he  has  derived 
title; 

(c)  That  the  registrant  had  no  right  to  the  ownership,  employ- 
ment, or  use  of  the  registered  mark  on  the  date  of  its  deposit; 

(d)  That  the  registered  mark  had  not  been  used  or  employed  by 
<,he  registrant  or  by  his  assigns  within  the  term  fixed  by  the  laws  of 
the  State  in  which  the  registration  shall  have  been  made. 

Article  X. 

Commercial  names  shall  be  protected  in  all  the  States  of  the 
Union,  without  deposit  or  registration,  whether  the  same  form  part 
of  a  trade-mark  or  not. 

Article  XI. 

For  the  purposes  indicated  in  the  present  convention  a  union  of 
American  Nations  is  hereby  constituted,  which  shall  act  through  two 
international  bureaux  established  one  in  the  city  of  Habana,  Cuba, 
and  the  other  in  the  city  of  Rio  de  Janeiro,  Brazil,  acting  in  com- 
plete accord  with  each  other. 

Article  XII. 

The  international  bureaux  shall  have  the  following  duties: 

1.  To  keep  a  register  of  the  certificates  of  ownership  of  trade- 
mark issued  by  any  of  the  signatory  States. 

2.  To  collect  such  reports  and  data  as  relate  to  the  protection  of 
intellectual  and  industrial  property  and  to  publish  and  circulate 
them  among  the  nations  of  the  union,  as  well  as  to  furnish  them 
whatever  special  information  they  may  need  upon  this  subject. 

3.  To  encourage  the  study  and  publicity  of  the  questions  relating 
to  the  protection  of  intellectual  and  industrial  property;  to  publish 
for  this  purpose  one  or  more  official  reviews,  containing  the  full 
texts  or  digest  of  all  documents  forwarded  to  the  bureaux  by  the 
authorities  of  the  signatory  States. 

The  Governments  of  said  States  shall  send  to  the  International 
American  Bureaux  their  official  publications  which  contain  the  an- 
nouncements of  the  registrations  of  trade-marks,  and  commercial 
names,  and  the  grants  of  patents  and  privileges  as  well  as  the  judg- 
ments rendered  by  the  respective  courts  concerning  the  invalidity 
of  trade-marks  and  patents. 

4.  To  communicate  to  the  Governments  of  the  union  any  difficul- 
ties or  obstacles  that  may  oppose  or  delay  the  effective  application 
of  this  convention. 

5.  To  aid  the  Governments  of  the  signatory  States  in  the  prepa- 
rations of  international  conferences  for  the  study  of  legislation  con- 


358 

ceming  industrial  property,  and  to  secure  such  alterations  as  it  may 
be  proper  to  propose  in  the  regulations  of  the  union,  or  in  treaties 
in  force  to  protect  industrial  property.  In  case  such  conferences 
take  place,  the  directors  of  the  bureaux  shall  have  the  right  to  attend 
the  meetings  and  there  to  express  their  opinions,  but  not  to  vote. 

6.  To  present  to  the  Governments  of  Cuba  and  of  the  United  States 
of  Brazil,  respectively,  yearly  reports  of  their  labors  which  shall  be 
communicated  at  the  same  time  to  all  the  Governments  of  the  other 
States  of  the  union. 

7.  To  initiate  and  establish  relations  with  similar  bureaus  and  with 
the  scientific  and  industrial  associations  and  institutions  for  the 
exchange  of  publications,  information,  and  data  conducive  to  the 
progress  of  the  protection  of  industrial  property. 

8.  To  investigate  cases  where  trade-marks,  designs,  and  industrial 
models  have  failed  to  obtain  the  recognition  of  registration  provided 
for  by  this  convention,  on  the  part  of  the  authorities  of  any  one  of  the 
States  forming  the  union,  and  to  communicate  the  facts  and  reasons 
to  the  Government  of  the  countiy  of  origin  and  to  interested  parties. 

9.  To  cooperate  as  agents  for  each  one  of  the  Governments  of  the 
signatory  States  before  the  respective  authorities  for  the  better  per- 
formance of  any  act  tending  to  promote  or  accomplish  the  ends  of 
this  convention. 

Article  XIII. 

The  bureau  established  in  the  city  of  Habana,  Cuba,  shall  have 
charge  of  the  registration  of  trade-marks  coming  from  the  United 
States  of  America,  Mexico,  Cuba,  Haiti,  the  Dominican  Republic,  El 
Salvador,  Honduras,  Nicaragua,  Costa  Rica,  Guatemala,  and  Panama. 

The  bureau  established  in  the  city  of  Rio  de  Janeiro  shall  have 
charge  of  the  registration  of  trade-marks  coming  from  Brazil,  Uru- 
guay, the  Argentine  Republic,  Paraguay,  Bolivia,  Chile,  Peru,  Ecua- 
dor, Venezuela,  and  Colombia. 

Article  XIV. 

The  two  international  bureaus  shall  be  considered  as  one,  and  for 
the  purpose  of  the  unification  of  the  registrations  it  is  provided: 

(a)  Both  shall  have  the  same  books  and  the  same  accounts  kept 
under  an  identical  system. 

(h)  Copies  shall  be  reciprocally  transmitted  weekly  from  one  to 
the  other  of  all  applications,  registrations,  communications,  and  other 
documents  affecting  the  recognition  of  the  rights  of  owners  of  trade- 
marks. 

Article  XV. 

The  international  bureaux  shall  be  governed  by  identical  regula- 
tions, formed  with  the  concurrence  of  the  Governments  of  the 
Republic  of  Cuba  and  of  the  United  States  of  Brazil  and  approved 
by  all  the  other  signatory  States. 

Their  budgets,  nfter  being  sanctioned  by  the  said  Governments, 
shall  be  defrayed  by  all  the  signatory  States  in  the  same  proportion 
as  that  established  for  the  International  Bureau  of  the  American 
Republics  at  Washington,  and  in  this  particular  they  shall  be  placed 
under  the  control  of  those  Governments  within  whose  territories  they 
arc  established. 


359 

The  international  bureaux  may  establish  such  rules  of  practice  and 
procedure,  not  inconsistent  with  the  terms  of  this  convention,  as  they 
may  deem  necessary  and  proper  to  give  effect  to  its  provisions. 

Akticle  XVI. 

The  Governments  of  the  Republic  of  Cuba  and  of  the  United  States 
of  Brazil  shall  proceed  with  the  organization  of  the  Bureaux  of  the 
International  Union  as  herein  provided,  upon  the  ratification  of  this 
convention  by  at  least  two-thirds  of  the  nations  belonging  to  each 
group. 

The  simultaneous  establishment  of  both  bureaux  shall  not  be 
necessary;  one  only  may  be  established  if  there  be  the  number  of 
adherent  goverimients  provided  for  above. 

Article  XVII. 

The  treaties  on  trade-marks  previously  concluded  by  and  between 
the  signatory  States,  shall  be  substituted  by  the  present  convention 
from  the  date  of  its  ratification,  as  far  as  the  relations  between  the 
signatory  States  are  concerned. 

Article  XVIII. 

The  ratifications  or  adhesion  of  the  American  States  to  the  present 
convention  shall  be  communicated  to  the  Government  of  the  Argen- 
tine Republic,  which  shall  lay  them  before  the  other  States  of  the 
union.  These  communications  shall  take  the  place  of  an  exchange  of 
ratifications. 

Article  XIX. 

Any  signatory  State  that  may  see  fit  to  withdraw  from  the  present 
convention  shall  so  notify  the  Government  of  the  Argentine  Republic, 
which  shall  communicate  this  fact  to  the  other  States  of  the  union, 
and  one  year  after  the  receipt  of  such  communication  this  convention 
shall  cease  with  regard  to  the  State  that  shall  have  withdrawn. 

In  witness  whereof  the  plenipotentiaries  and  delegates  sign  this 
convention  and  affix  to  it  the  seal  of  the  Fourth  International  Ameri- 
can Conference. 

Made  and  signed  in  the  city  of  Buenos  Aires,  on  the  20th  day  of 
August,  in  the  year  1910,  in  Spanish,  English,  Portuguese,  and 
French,  and  filed  in  the  Ministry  of  Foreign  Affairs  of  the  Argentine 
Republic  in  order  that  certified  copies  may  be  made,  to  be  forwarded 
through  appropriate  diplomatic  channels  to  each  one  of  the  signatory 
nations. 
For  the  United  States  of  America : 

Henry  White. 

Enoch  H.  Ceowder. 

Lewis  Nixon. 

John  Bassett  Moore. 

Bernard  Moses. 

Lamar  C.  Qutntero. 

Paul  S.  Reinsch. 

David  Kinley. 


360 

For  the  Argentine  Republic : 

Antonio  BERivrEJO. 
Eduardo  L.  Bidau. 
JManuel  a.  Montes  de  Oca, 
Epifanio  Portela. 
Carlos  Salas. 
Jose  A.  Terry. 

ESTANISLAO  S.  ZeBALLOS. 

For  the  United  States  of  Brazil : 

JOAQUIM    MURTINHO. 
DOMICIO   DA    GaMA. 

Jose  L.  Alimeida  Norgueira. 
Olavo  Bilac. 
Gastao  da  Cuxha. 
Herculano  de  Freitas. 

For  the  Republic  of  Chile : 

Miguel  Cruchaga  Tocornal, 
Emilio  Bello  Codecido. 
Anibal  Cruz  Diaz. 
Beltran  Mathieu. 

For  the  Republic  of  Colombia : 

Roberto  Ancizar. 

For  the  Republic  of  Costa  Rica : 

Alfredo  Volio. 
For  the  Republic  of  Cuba : 

Carlos  Garcia  Velez. 

Rafael  ISIontoro  y  Valdes. 

GONZALO   DE    QUESADA    Y    ArOSTEGUI, 

Antonio  Gonzalo  Perez. 
JosE  M.  Carbonell. 

For  the  Dominican  Republic : 

Amerigo  Lugo. 

For  the  Republic  of  Ecuador : 

Alejandro  Cardenas. 

For  the  Republic  of  Guatemala  : 

Luis  Toledo  Herrarte. 

Manuel  Arroyo. 

Mario  Estrada. 
For  the  Republic  of  Haiti : 

CONSTANTIN  FOUCHARD. 

For  the  Republic  of  Honduras: 

Luis  Lazo  Arriaga. 

For  the  Mexican  United  States : 

Victoriano  Salado  Alvarez. 
Luis  Perez  Verdia. 
Antonio  Ra:mos  Pedrueza. 
Roberto  A.  Esteva  Ruiz. 

For  the  Republic  of  Nicaragua : 

Manuel  Perez  Alonso. 

For  the  Rex^ublic  of  Panama : 

Belisario  Porras. 


361 

For  the  Republic  of  Paraguay : 

Teodosio  Gonzauesz, 
Jose  P.  Montero. 

For  the  Republic  of  Peru : 

EuGENio  Larrabure  y  Uxantte. 

Carlos  Alvarez  Calderon. 

Jose  Antonio  de  Lavalle  y  Pardo. 

For  the  Republic  of  Salvador : 

Federico  Mejia. 

Francisco  Martinez  Suarez. 

For  the  Republic  of  Uruguay : 

Gonzalo  Ramirez. 
Carlos  M.  de  Pena. 
Antonio  M.  Rodriguez. 
Juan  Jose  Amezaga. 

For  the  United  States  of  Venezuela : 

Manuel  Diaz  Rodriguez. 
Cesar  Zumeta. 


1910. 

CoxTExnoxs  Relatixg  to  Txvextioxs,  Patexts,  Desigx'^s,  axd  In- 
dustrial Models,  Sigxed  by  the  Delegates  or  the  Uxited 
States  axd  of  the  other  Couxtries  Represexted  at  the  Fourth 

IXTERXATIOXAL  CoNGRESS  OF  AmERICAX   StATES." 

Signed  at  Buenos  Aires  August  20,  1910;  ratified  hy  the  Senate 

February  8,  1911. 

[The  text  of  this  convention  is  taken  from  the  copy  printed  for  the 
use  of  the  Senate  of  the  United  States.] 

Abticles. 


I.  Union   for  protection   of  patents 
of   invention,    designs,   and   in- 
dustrial models  formed. 
II.  Mutual   protection. 

III.  Protection  to  applicants. 

IV.  Effect    of    filing    applications    in 

several   States. 
v.  Priority    of    patents    determined 
by  date  of  application. 


VI.  Whiat  shall  be  considered  as  in- 
ventions. 
VII.  Basis  for  rejection  of  patents. 
VIII.  Incidents  to  ownership. 
IX.  Civil  or  crimhial  liabilities. 
X.  Evidence. 

XI.  Former  treaties  superseded. 
XII.  Ratification. 
XIII.  Denunciation. 


Their  Excellencies  the  Presidents  of  the  United  States  of  America, 
the  Argentine  Eepublic,  Brazil,  Chili,  Colombia,  Costa  Rica,  Cuba, 
Dominican  Republic,  Ecuador,  Guatemala,  Haiti,  Honduras,  Mexico, 
Nicaragua,  Panama,  Paraguay,  Peru,  Salvador,  Uruguay,  and 
Venezuela : 

Being  desirous  that  their  respective  countries  may  be  represented 
at  the  Fourth  International  American  Conference,  have  sent  thereto 
the  following  delegates,  duly  authorized  to  approve  the  recommen- 
dations, resolutions,  conventions,  and  treaties  which  they  might 
deem  advantageous  to  the  interests  of  America. 

United  States  of  America:  Henry  ^ATiite.  Enoch  H.  Crowder,  Lewis 

Nixon,  John  Bassett  Moore,  Bernard  Moses,  Lamar  C.  Quintero, 

Paul  Samuel  Reinsch,  David  Kinley. 
Argentine  Revublic:  Antonio  Bermejo,  Eduardo  L.  Bidau,  Manuel  A. 

Montes  de  Oco,  Epifanio  Portela,  Carlos  Rodriguez  Larreta,  Carlos 

Salas,  Jose  A.  Terry,  Estanislao  S.  Zeballos. 
United  States  of  Brazil:  Joaqviw,  Murtinho,  Domicio  da  Gama,  Jose 

L.  Almeida  Nogueira.  Olavo  Bilac,  Gastao  da  Cunha,  Herculano  de 

Freitas. 
Rep^ihlic  of  Chili:  Miguel  Cruchaga  Tocornal,  Emilio  Bello  Code- 

cido,  Anibal  Cruz  Diaz.  Beltran  Mathieu. 
Republic  of  Colombia:  Roberto  Ancfzar. 
Republic  of  Costa  Rica:  Alfredo  Volio. 
Republic  of  Cub/ei:  Gsrlos  Garcia  Velez.  Rafael  Montoro  y  Valdes, 

Gonzalo  de  Quesada  y  Arostegui,  Antonio  Gonzalo  Perez,  Jose  M. 

Carbonell. 


^Awaiting  ratification  by  other  governments. 
(362) 


363 

Dcymini-can  Republic:  Americo  Lugo. 

Republic  of  Ecuador:  Alejandro  Cardenas. 

Republic  of   GuateTnala:   Luis   Toledo   Herrarte,   Manuel    Arroyo, 

Mario  Estrada. 
Republic  of  Haiti:  Constantin  Fouchard. 
Republic  of  Honduras:  Luis  Lazo  Arriaga. 
Mexican    United    States:  Victoriano    Salado    Alvarez,    Luis    Perez 

Verdia,  Antonio  Ramos  Pedrueza,  Roberto  A.  Esteva  Ruiz. 
Republic  of  Nicaragua:  Manuel  Perez  Alonso. 
Republic  of  Panama:  Belisario  Porras. 

Republic  of  Paraguay:  Teodosio  Gonzalez,  Jose  P.  Montero. 
Rep-ublic  of  Peru:  Eugenio  Larrabure,  y  Unanue,  Carlos  Alvarez 

Calderon,  Jose  Antonio  de  Lavalle  y  Pardo. 
Republic  of  Salvador:  Federico  Mejia,  Francisco  Martinez  Suarez. 
Republic  of  Uruguay:  Gonzalo  Ramirez,  Carlos  M.  de  Pena,  Antonio 

M.  Rodriguez,  Juan  Jose  Amezaga. 
United  States  of  Venezuela:  Manuel  Diaz  Rodriguez,  Cesar  Zumeta. 

Who,  after  having  presented  their  credentials,  and  the  same  hav- 
ing been  found  in  due  and  proper  form,  have  agreed  upon  the  follow- 
ing convention  on  inventions,  patents,  designs,  and  industrial  models. 

Articee  I. 

The  subscribing  nations  enter  into  this  convention  for  the  protec- 
tion of  patents  of  invention,  designs,  and  industrial  models. 

Article  II. 

Any  persons  who  shall  obtain  a  patent  of  invention  in  any  of  the 
signatory  States  shall  enjoy  in  each  of  the  other  States  all  the  advan- 
tages which  the  laws  relative  to  patents  of  invention,  designs,  and 
industrial  models  concede.  Consequently,  they  shall  have  the  right 
to  the  same  protection  and  identical  legal  remedies  against  any 
attack  upon  their  rights,  provided  they  comply  with  the  laws  of  each 
State. 

Article  III. 

Any  person  who  shall  have  regularly  deposited  an  application  for 
a  patent  of  invention  or  design  or  industrial  model  in  one  of  the  con- 
tracting States  shall  enjoy,  for  the  purposes  of  making  the  deposit  in 
the  other  States  and  under  the  reserve  of  the  rights  of  third  parties, 
a  right  of  priority  during  a  period  of  twelve  months  for  patents  of 
invention,  and  of  four  months  for  designs  or  industrial  models. 

In  consequence  the  deposits  subsequently  made  in  any  other  of  the 
signatory  States  before  the  expiration  of  these  periods  can  not  be 
invalidated  by  acts  performed  in  the  interval,  especially  by  other 
deposits,  by  the  publication  of  the  invention  or  its  working,  or  by  the 
sale  of  copies  of  the  design  or  of  the  model. 

Article  IV. 

When,  within  the  terms  fixed,  a  person  shall  have  filed  applications 
in  several  States  for  the  patent  of  the  same  invention,  the  rights 
resulting  from  patents  thus  applied  for  shall  be  independent  of  each 
other. 


364 

They  shall  also  be  independent  of  the  rights  arising  under  patents 
obtained  for  the  same  invention  in  countries  not  parties  to  this 
convention. 

Article  V. 

Questions  which  may  arise  regarding  the  jmority  of  patents  of 
invention  shall  be  decided  with  regard  to  the  date  of  the  application 
for  the  respective  patents  in  the  countries  in  which  they  are  granted. 

Article  VI. 

The  following  shall  be  considered  as  inventions :  A  new  manner  of 
manufacturing  industrial  products,  a  new  machine  or  mechanical  or 
manual  apparatus  which  serves  for  the  manufacture  of  said  products, 
the  discovery  of  a  new  industrial  product,  the  application  of  known 
methods  for  the  purpose  of  securing  better  results,  and  every  new, 
original,  and  ornamental  design  or  model  for  an  article  of  manufacture. 

The  foregoing  shall  be  understood  without  prejudice  to  the  laws  of 
each  State. 

Article  VTI. 

Any  of  the  signatory  States  may  refuse  to  recognize  patents  for  any 
of  the  following  causes: 

{a)  Because  the  inventions  or  discoveries  may  have  been  published 
in  any  country  prior  to  the  date  of  the  invention  by  the  applicant. 

(&)  Because  the  inventions  have  been  registered,  published,  or  de- 
scribed in  any  country  more  than  one  year  prior  to  the  date  of  the 
application  in  the  country  in  which  the  patent  is  sought. 

{c)  Because  the  inventions  have  been  in  public  use,  or  have  been 
on  sale  in  the  country  in  which  the  patent  has  been  applied  for,  one 
year  prior  to  the  date  of  said  application. 

{d)  Because  the  inventions  or  discoveries  are  in  some  manner  con- 
trary to  morals  or  laws. 

Article  VIII. 

The  ownership  of  a  patent  of  invention  comprises  the  right  to  en- 
joy the  benefits  thereof,  and  the  right  to  assign  or  transfer  it  in  ac- 
cordance with  the  laws  of  the  country. 

Article  IX. 

Persons  who  incur  civil  or  criminal  liabilities,  because  of  injuries 
or  damage  to  the  rights  of  inventors,  shall  be  prosecuted  and  pun- 
ished in  accordance  with  the  laws  of  the  countries  wherein  the  offense 
has  been  committed  or  the  damage  occasioned. 

Article  X. 

Copies  of  patents  certified  in  the  country  of  origin,  according  to 
the  national  law  thereof,  shall  be  given  full  faith  and  credit  as  evi- 
dence of  the  right  of  priority,  except  as  stated  in  Article  VII. 


365 

Article  XI. 

The  treaties  relating  to  patents  of  invention,  desi^s,  or  industrial 
models,  previously  entered  into  between  the  countries  subscribing  to 
the  prasent  convention,  shall  be  superseded  by  the  same  from  the 
time  of  its  ratification  in  so  far  as  the  relations  between  the  signatory 
States  are  concerned. 

Article  XII. 

The  adhesion  of  the  American  Nations  to  the  present  convention 
shall  be  communicated  to  the  Government  of  the  Argentine  Republic 
in  order  that  it  may  communicate  them  to  the  other  States.  These 
communications  shall  have  the  effect  of  an  exchange  of  ratifications. 

Article  XIII. 

A  signatory  nation  that  sees  fit  to  retire  from  the  present  conven- 
tion, shall  notify  the  Government  of  the  Argentine  Republic,  and  one 
year  after  the  receipt  of  the  communication  the  force  of  this  conven- 
tion shall  cease,  in  so  far  as  the  nation  which  shall  have  withdrawn 
its  adherence  is  concerned. 

In  witness  whereof,  the  plenipotentiaries  have  signed  the  present 
treaty  and  affixed  thereto  the  seal  of  the  Fourtli  International 
American  Conference. 

Made  and  signed  in  the  city  of  Buenos  Aires  on  the  20th  day  of 
August  in  the  year  1910,  in  Spanish,  English,  Portuguese,  and 
French,  and  deposited  in  the  ministry  of  foreign  affairs  of  the  Ar- 
gentine Republic,  in  order  that  certified  copies  be  made  for  trans- 
mission to  each  of  the  signatory  nations  through  the  appropriate 
diplomatic  channels. 
For  the  United  States  of  America : 

Henry  White, 

Enoch  H.  Crowder. 

Lewis  Nixon. 

John  Bassett  Moore. 

Bernard  Moses. 

Lamar  C.  Quintero. 

Paul  S.  Reinsch. 

David  Kin  ley. 
For  the  Argentine  Republic : 

Antonio  BER^vrEJO. 

Eduardo  L.  Bidau. 

Manuel  A.  Montes  de  Oca. 

Epifanio  Portela. 

Carlos  Salas. 

Jose  A.  Terry. 

ESTANISLAO    S.    ZeBALLOS. 

For  the  United  States  of  Brazil: 

Joaqut:m  Murtinho. 

DoMicio  DA  Gama. 

Jose  L.  Almeida  Nogueira. 

Olavo  Bilac. 

Gastao  da  Cunha. 

Herculano  de  Freitas. 


366 

For  the  Eepiiblic  of  Chile: 

Miguel  Cruchaga  TocoRNAii, 

Emilio  Bello  Codecido. 

Anibal  Cruz  Diaz. 

Beltrax  Mathieu, 
For  the  Republic  of  Colombia: 

Roberto  Ancizar. 
For  the  Republic  of  Costa  Rica : 

Alfredo  Volio. 
For   the    Republic   of   Cuba: 

Carlos  Garcia  Velez. 

Rafael  Montoro  y  Valdes. 

GONZALO   DE    QUESADA    Y   AjROSTEGUI. 

Antonio  Gonzalo  Perez. 

Jose  M.  Carbonell. 
For  the  Dominican  Republic: 

Americo  Lugo. 
For  the  Republic  of  Ecuador: 

Alejandro  Cardenas. 
For  the  Republic  of  Guatemala: 

Luis  Toledo  Herrartb. 

Manuel  Arroyo. 

Mario  Estrada. 
For  the  Republic  of  Haiti: 

Constantin  Fouchard. 
For  the  Republic  of  Honduras: 

Luis  Lazo  Arriaga. 
For  the  Mexican  United  States: 

Victoriano  Salado  Alvarez. 

Luis  Perez  Verdia. 

Antonio  Ramos  Pedrueza. 

Roberto  A.  Esteva  Ruiz. 
For  the  Republic  of  Nicaragua : 

Manuel  Perez  Alonso. 
For  the  Republic  of  Panama: 

Belisario  Porras. 
For  the  Republic  of  Paraguay: 

Teodosio  Gonzalez. 

Jose   P.   Montero. 
For  the  Republic  of  Peru: 

Eugenio  Larrabure  y  Unauue. 

Carlos  Alvarez  Calderon. 

Jose  Antonio  de  Lavalle  y  Pardo. 
For  the  Republic  of  Salvador: 

Federico  Mejia. 

Francisco  Martinez  Suarez. 
For  the  Republic  of  Uruguay: 

GoNZALO  Ramirez. 

Carlos  M.  de  Pena. 

Antonio  M.  Rodriguez. 

Juan  Jose  Amezaga. 
For  the  United  States  of  Venezuela : 

Manuel  Diaz  Rodriguez. 

Cesar  Zumeta. 


I 


1911. 

Industrial  Property  Convention.* 

Signed  at   Washington  June  ^,  1911  •  ratification  advised  hy  the^ 

Senate  February  6,  1912. 

Convention  of  the  Union  of  Paris  March  20,  1SS3,  foe  the  Protection  of 

Industrial  Property." 

[The  text  of  this  convention  is  taken  from  the  copy  printed  for  the 
use  of  the  Senate  of  the  United  States.] 


Articles. 


II. 
III. 

IV. 
V. 

VI. 


Union   for  protection  of  indus- 
trial property  formed. 
Mutual  protection. 
Protection    of    citizens    or    sub- 
jects of  nonsignatories. 
Protection  to  applicants. 
Introduction  by  patentee  of  arti- 
cles patented  in  other  countries. 
^.  Registry  of  trade-mark. 
VII.  Nature  of  product  no  obstacle  to 

filing  of  the  mark. 
VIII.  Commercial  names  protected. 
IX.  Seizure    of    unlawfully    marked 
goods. 
X.  Articles  bearing  false  place  of 

origin ;  competition. 
XI.  Temporary    protection    to    arti- 
cles at  exposition. 


XII. 

XIII. 

XIV. 
XV. 

XVI. 
XVII. 


XVIII. 

XIX. 

XX. 


Establishment  of  central  of- 
fice. 

Establishment  of  international 
ofiice. 

Future  conferences. 

Special  arrangements  between 
contracting  countries. 

Adhesion  by  nonsignator 
states ;  adhesion  for  colonies 
by  signatory  powers. 

Compliance  with  formalities 
and  regulations  established 
by  constitution  and  laws: 
duration ;  renunciation. 

Ratification. 

Signing. 

Final  protocol. 


[Translation.] 


[Revised  at  Brussels  December  14.  1900,  and  at  Washington  June  2. 

1911.] 

His  Majesty  the  Emperor  of  Gemany,  King^  of  Prussia,  in  the 
name  of  the  German  Empire;  His  Majesty  the  Emperor  of  Austria. 
King  of  Bohemia,  etc.  and  King  Apostolic  of  Hungary  for  Austria 
and  for  Hungary;  His  Majesty  the  King  of  the  Belgians;  the  Presi- 
dent of  the  United  States  of  Brazil;  the  President  of  the  Republic 
of  Cuba;  His  Majesty  the  King  of  Denmark;  the  President  of  the 
Dominican  Republic;  His  Majesty  the  King  of  Spain;  the  President 
of  the  United  States  of  America ;  the  President  of  the  French  Repub- 
lic; His  Majesty  the  King  of  the  United  Kingdom  of  Great  Britain 
and  Ireland  and  of  the  British  Territories  beyond  the  seas,  Emperor 
of  India;  His  Majesty  the  King  of  Italy;  His  Majesty  the  Emperor 

•Open  until  April  1,  1913,  for  deposit  of  ratifications. 

(367) 


368 

of  Japan;  the  President  of  the  United  States  of  Mexico;  His  Majesty 
the  King  of  Xorway ;  Her  Majesty  the  Queen  of  the  Xetheriands;  the 
President  of  the  Provisional  Government  of  the  Republic  of  Portu- 
gal; His  Majesty  the  King  of  Servia;  His  Majesty  the  King  of 
Sweden;  the  Federal  Council  of  the  Swiss  Confederation;  the  Gov- 
ernment of  Tunis. 

Ha\-ing  judged  it  expedient  to  make  certain  modifications  and 
additions  to  the  international  Convention  of  March  20,  1883,  con- 
cerning the  creation  of  an  International  Union  for  the  Protection 
of  Industrial  Property,  revised  at  Brussels  December  14,  1900,  have 
named  for  iheir  plenipotentiaries,  to-wit: 

His  Majesty  the  Emperor  of  Germany,  King  of  Prussia: 

M.  le  Dr.  llaniel  Von  Haimhausen,  Conseiller  de  I'Ambassade 
de  S.  M.  I'Empereur  d'Allemagne  a  AVashington; 

M.  Robolski,  Conseiller  superieur  de  Kegence,  Conseiller  rap- 
porteur au  Department  Imperial  de  I'Interieur; 

M.  le  Prof.  Dr.  Albert  Osterrieth; 

His  Majesty  the  Emperor  of  Austria,  King  of  Bohemia,  etc.,  and 
King  Apostolic  of  Hungary: 

For  Austria  and  for  Hungary : 

S.  Exc.  M.  le  Baron  Ladislas  Hengelmueller  de  Hengervar,  son 
Conseiller  Intime,  son  Ambassadeur  Extraordinaire  et  Plenipoten- 
tiaire  a  Washington. 

For  Austria : 

S.  Exc.  M.  le  Dr.  Paul  Chevalier  Back  de  Mannagetta  et  Lerchenau, 
S.  Conseiller  intime.  Chef  de  Section  au  Ministere  I,  11.  des  Travaux 
et  President  de  I'Office  I.  R.  des  Brevets  d'invention ; 

For  Hungary: 

M,  Elemer  de  Pompery,  Conseiller  ministeriel  a  I'Office  Royal 
hongrois  des  Brevets  d'invention : 

His  Majesty  the  King  of  the  Belgians: 

M.  Jules  Brunet,  Directeur  general  au  Ministere  des  Affaires 
etrangers ; 

M.  Georges  de  Ro,  Senateur  suppleant,  Dclegue  de  la  Belgique 
aux  Conferences  pour  la  protection  de  la  Propriete  industrielle  de 
Madrid  et  de  Bruxelles; 

M.  Albert  Capitaine,  Avocat  a  la  Court  d'appel  de  Liege; 

The  President  of  the  United  States  of  Brazil : 

M.  R.  de  Lima  e  Silva,  Charge  d'Affaires  des  Iiltats-Unis  du  Bresil 
a  Washington. 

The  President  of  the  Republic  of  Cuba : 

S.  Exc.  M.  Rivero,  Envoye  extraordinaire  et  Ministre  plenipoten- 
tiaire  de  Cuba  a  Washington. 

His  Majesty  the  King  of  Denmark: 

M.  Martin  J.  C.  T.  Clan,  Consul  General  du  Danemark  a  New 
York; 

The  President  of  the  Dominican  Republic : 

S.  Exc.  M.  Emilie  C.  Joubert,  Envoye  extraordinaire  et  Ministre 
Plenipotentiaire  de  la  Republic  Dominicaine  a  Washington. 

His  Majesty  the  King  of  Spain : 

S.  Exc.  Don  Juan  Riafio  y  Gayangos,  S.  Envoye  extraordinaire 
et  Ministre  plenipotentiaire  a  Washington. 

S.  Exc.  Don  Juan  Florez  Posada,  Directeur  de  I'ficole  des  in- 
genieurs  de  Madrid. 


369 

The  President  of  the  United  States  of  America : 

M.  Edward  Bruce  Moore,  Commissioner  of  Patents; 

M.  Frederick  P.  Fisli,  Avocat  a  hi  Cour  supreme  des  ]5tats-Unia 
et  a  la  Cour  supreme  de  I'Etat  de  New  York. 

M.  Charles  H.  Duell,  ancien  Commissaire  des  brevets,  ancien  Juge 
51  la  Cour  d'appel  du  District  de  Colombie,  Avocat  a  la  Cour  supreme 
des  fitats-Unis  et  a  la  Cour  supreme  de  I'liltat  de  New  York; 

M.  Robert  H,  Parkinson,  Avocat  a  la  Cour  supreme  des  £tats-Unis 

et  a  la  Cour  supreme  de  I'fitat  de  I'lllinois; 

M.  Melville  Church,  Avocat  a  la  Cour  supreme  des  fitats-Unis; 

The  President  of  the  French  Republic: 

M.  Lefevre-Pontalis,  Conseiller  de  I'Ambassade  de  la  Republique 
frangaise  a  Washington. 

M.  Georges  Breton,  Directeur  de  I'Office  national  de  la  Propriete 
industrielle; 

M.  Michel  Pelletier,  Avocat  a  la  Cour  d'appel  de  Paris,  Delegue 
aux  Conferences  pour  la  protection  de  la  Propriete  industrielle  de 
Rome,  de  Madrid  et  de  Bruxelles ; 

M.  Georges  Maillard,  Avocat  a  la  Cour  d'appel  de  Paris; 

His  Majesty  the  King  of  the  United  Kingdom  of  Great  Britain, 
Ireland  and  the  British  Territories  Beyond  the  Seas,  Emperor  of 
India: 

M.  Alfred  Mitchell  Innes,  Counseiller  de  I'Ambassade  de  S.  M. 
Britannique  a  Washington. 

Sir  Alfred  Bateman,  K.  C.  M.  G.,  ancien  Comptroller  General 
of  Commerce,  Labor,  and  Statistics; 

M.  W.  Temple  Franks,  Comptroller  General  of  Patents,  Designs, 
and  Trademarks; 

His  Majesty  the  King  of  Italy : 

Nob.  Lazzaro  dei  Marchesi  Negrotto  Cambiaso,  Conseiller  de 
TAmbassade  de  S.  M.  le  Roi  d'ltalie  a  Washington; 

M.  Emilio  Venezian,  Ingenieur,  Inspecteur  du  Ministere  de  I'Agri- 
culture,  du  Commerce  et  de  I'Industrie; 

M.  le  Dr.  Giovanni  Battista  Ceccato,  Attache  commercial  a  I'Am- 
bassade de  S.  M.  le  Roi  d'ltalie  a  Washington. 

His  Majesty  the  Emperor  of  Japan: 

M.  K.  Matsui,  Conseiller  de  I'Ambassade  de  S.  M.  I'Empereur  du 
Japon  a  Washington; 

M.  INIorio  Nakamatsu,  Directeur  de  I'Office  des  brevets; 

The  President  of  the  United  States  of  Mexico : 

M.  Jose  de  las  Fuentes.  Ingenieur,  Directeur  de  I'Office  des  brevets ; 
.    His  Majesty  the  King  of  Norway: 

M.  L.  Aubert,  Secretaire  de  la  I^egation  de  S.  M.  le  Roi  de  Nor- 
vege  a  Washington; 

Her  Majesty  the  Queen  of  the  Netherlands: 

M.  le  Dr.  F.  W.  J.  G.  Snyder  van  AVissenkerke.  Directeur  de 
I'Office  de  la  Propriete  industrielle,  Conseiller  au  Ministere  de  la 
Justice ; 

The  President  of  the  Provisional  Government  of  the  Republic  of 
Portugal : 

S.  Exc.  le  Vicomte  de  Alte.  Envoye  Extraordinaire  et  Ministre 
Plenipotentiaire  du  Portugal  a  Washington; 


370 

His  Majesty  the  Kinjr  of  Servia: 

His  Majesty  the  King  of  Sweden: 

S.  Exc.  M.  le  Compte  Albert  Ehrensviird,  Son  Envoj^e  extraordi- 
naire et  Ministre  plenipotentiaire  a  Washington, 

The  Federal  Council  of  the  Swiss  Confederation: 

S.  Exc.  M.  Paul  Ritter,  Envoye  extraordinaire  et  Ministre  pleni- 
potentiaire de  Cuisse  a  Washington; 

;M.  W.  Kraft,  Adjoint  du  Bureau  Federal  de  la  Propriete  Intellec- 
tuelle  a  Berne; 

;M.  Henri  Martin,  Secretaire  de  la  Legation  de  Suisse  a  Washing- 
ton; 

The  President  of  the  French  Republic  lor  Tunis: 

]\r.  de  Peretti  de  la  Rocca.  Premier  Secretaire  de  I'Ambassade  de 
la  Republique  francaise  a  Washington; 

Who,  after  having  been  given  their  full  respective  powers,  made  in 
good  and  due  form,  have  agreed  upon  the  following  articles: 

Article  1. 

The  contracting  countries  constitute  a  state  of  Union  for  the  pro- 
tection of  industrial  property. 

AR'ncLE  2. 

The  subjects  or  citizens  of  each  of  the  contracting  countries  shall 
enjoy,  in  all  the  other  countries  of  the  Union,  with  regard  to  patents 
of  invention,  models  of  utility,  industrial  designs  or  models,  trade- 
marks, trade  names,  the  statements  of  place  of  origin,  suppression  of 
unfair  competition,  the  advantages  which  the  respective  laws  now 
grant  or  may  hereafter  grant  to  the  citizens  of  that  country.  Con- 
sequently, they  shall  have  the  same  protection  as  the  latter  and  the 
same  legal  remedies  against  any  infringements  of  their  rights,  pro- 
vided they  comply  with  the  formalities  and  requirements  imposed 
by  the  National  laws  of  each  State  upon  its  own  citizens.  Any  obli- 
gation of  domicile  or  of  establishment  in  the  country  where  the  pro- 
tection is  claimed  shall  not  be  imposed  on  the  members  of  the  Union. 

Article  3. 

The  subjects  or  citizens  of  countries  which  do  not  form  part  of 
the  Union,  who  are  domiciled  or  own  effective  and  bona  fide  in- 
dustrial or  commercial  establishments  in  the  territory  of  any  of  the 
countries  of  the  Union,  shall  be  assimilated  to  the  subjects  or  citizens 
of  the  contracting  countries. 

Article  4. 

(a)  Any  person  who  shall  have  duly  filed  an  application  for  a 
patent,  utility  model,  industrial  design  or  model,  or  trademark^ 
in  one  of  the'  contracting  countries,  or  the  successor  or  assignee  of 
such  person  shall  enjoy,  for  the  purpose  of  filino;  application  in  the 
other  countries,  and  subject  to  the  rights  of  third  parties,  a  right  of 
priority  during  the  periods  hereinafter  specified. 


371 

(h)  Consequent]}',  the  subsequent  filin^^  in  one  of  the  other  coun- 
tries of  the  Union,  prior  to  the  expiiiition  of  sucii  periods,  sliall  not 
be  invalidated  by  acts  performed  in  the  interval,  especially,  by  an- 
other application,  by  publication  of  the  invention  or  the  working  of 
the  same,  by  the  sale  of  copies  of  the  design  or  model,  nor  by  the  use 
of  the  mark. 

(c)  The  periods  of  priority  above  referred  to  shall  be  twelve 
months  for  patejits  and  models  of  utility  and  four  months  for  indus- 
trial designs  and  models  as  also  for  trademarks! 

(d)  Whoever  shall  wish  to  avail  himself  of  the  priority  of  an 
anterior  filing,  shall  be  required  to  make  a  declaration  showing  the 
date  and  the  country  of  this  filing.  Each  country  shall  determine 
at  what  moment,  at  the  latest,  this  declaration  must  be  executed. 
This  information  shall  l>e  mentioned  in  the  publications  issued  by 
the  competent  Administration,  particularly  on  patents  and  the  speci- 
fications relative  thereto.  The  contracting  countries  shall  require  of 
one  who  makes  a  declaration  of  priority  the  production  of  a  copy  of 
the  application  (specification,  drawings,  etc.)  previously  filed,  cer- 
tified to  be  a  true  copy  by  the  Administration  which  shall  have 
received  it.  This  copy  shall  be  dispensed  from  any  legalisation. 
It  may  be  required  that  it  be  accompanied  by  a  certificate  of  the 
date  of  filing,  issuing  from  this  Administration,  and  of  a  translation. 
Other  formalities  shall  not  be  required  for  the  declaration  of  priority 
at  the  time  of  the  filing  of  the  application.  Each  contracting  country 
shall  determine  the  consequences  of  the  omission  of  the  formalities 
prescribed  by  the  present  article,  unless  these  consequences  exceed  the 
loss  of  the  right  of  priority. 

(e)  Later  other  justifications  can  be  demanded. 

Abticle  4r|. 

Patents  applied  for  in  the  different  contracting  countries  by  per- 
sons admitted  to  the  benefit  of  the  Convention  in  the  terms  of  arti- 
cles 2  and  3,  shall  be  independent  of  the  patents  obtained  for  the 
same  invention  in  the  other  countries,  adherent  or  not  to  the  Union. 

This  provision  shall  be  understood  in  an  absolute  manner,  partic- 
ularly in  the  sense  that  the  patents  applied  for  during  the  term  of 
priority  are  independent,  as  much  from  the  point  of  view  of  the 
causes  of  nullity  and  of  forfeiture  as  from  the  point  of  view  of  the 
normal  duration. 

It  applies  to  all  patents  existing  at  the  time  of  entrance  into  force. 

It  shall  be  likewise,  in  case  of  accession  of  new  countries,  for  pat- 
ents existing  on  both  sides  at  the  time  of  accession. 

Article  5. 

The  importation,  by  the  patentee,  into  the  country  where  the 
patent  has  been  granted,  of  articles  manufactured  in  any  of  the 
countries  of  the  Union  shall  not  entail  forfeiture. 

However,  the  patentee  shall  be  obliged  to  work  his  patent  accord- 
ing to  the  laws  of  the  country  into  Avhich  he  introduces  the  patented 
objects,  but  with  the  restriction  that  the  patents  shall  not  be  liable  to 
forfeiture  because  of  non-working  in  one  of  the  countries  of  the 
Union  until  after  a  term  of  three  years,  fi-om  the  date  of  the  filing 

76844°— S.  Doc.  1063,  62-3 25 


372 

of  the  application  in  that  country,  and  only  in  case  the  patentee 
shall  fail  to  show  sufficient  cause  for  his  inaction. 

Article  6. 

Every  trademark  regularly  registered  in  the  country  of  origin 
shall  be  admitted  to  registration  and  protected  as  that  in  the  other 
countries  of  the  Union. 

However,  there  may  be  refused  or  invalidated : 

1.  Marks  which  are  of  a  nature  to  infringe  rights  acquired  by 
third  parties  in  the  country  where  protection  is  claimed. 

2.  Marks  devoid  of  all  distinctive  character,  or  even  composed  ex- 
clusively of  signs  or  data  which  may  be  used  in  commerce,  to  desig- 
nate the  kind,  quality,  quantity,  destination,  value,  place  of  origin  of 
the  products  or  the  time  of  production,  or  become  common  in  the 
current  langruage  or  the  legal  and  steadv  customs  of  commerce  of 
the  country  where  the  protection  is  claimed. 

In  the  estimation  of  the  distinctive  character  of  a  mark,  all  the 
circumstances  existing  should  be  taken  into  account,  particularly 
the  duration  of  the  use  of  the  mark. 

3.  Marks  which  are  contrary  to  morals  or  public  order. 

The  country  where  the  applicant  has  his  principal  establishment 
shall  be  considered  as  the  country  of  origin. 

If  this  principal  establishment  is  not  located  in  one  of  the  coun- 
tries of  the  Union,  that  to  which  the  applicant  belongs  shall  be  con- 
sidered as  country  of  origin. 

Article  7. 

The  nature  of  the  product  on  which  the  trademark  is  to  be  applied 
cannot,  in  any  case,  be  an  obstacle  to  the  filing  of  the  mark. 

Article  7^. 

The  contracting  countries  agree  to  admit  for  filing  and  to  protect 
marks  belonging  to  associations  the  existence  of  which  is  not  con- 
trary to  the  law  of  the  country  of  origin,  even  if  these  associations 
do  not  possess  an  industrial  or  commercial  establishment. 

Each  country  shall  be  judge  of  the  special  conditions  under  which 
an  association  may  be  admitted  to  have  the  marks  protected. 

Article  8. 

Trade  names  shall  be  protected  in  all  the  countries  of  the  Union 
without  the  obligation  of  filing,  whether  it  be  a  part  or  not  of  a 
trademark. 

Article  9. 

Any  product  bearing  illegally  a  trademark  or  a  trade  name  shall  be 
seized  at  importation  in  those  of  the  countries  of  the  Union  in  which 
this  mark  or  this  trade  name  may  have  a  right  to  legal  protection. 

If  the  laws  of  a  country  do  not  admit  of  seizure  on  importation,  the 
seizure  shall  be  replaced  by  prohibiton  of  importation. 


373 

The  seizure  shall  be  likewise  effected  in  the  country  where  illegal 
affixing  sliall  liave  been  made,  or  in  the  country  into  which  the 
product  sliall  have  been  imported. 

The  seizure  shall  be  made  at  the  request  of  the  public  ministry,  or 
any  other  competent  authority,  or  by  an  interested  party,  individual 
or  society,  in  conformity  to  the  interior  laws  of  each  counti-y. 

The  authorites  shall  not  be  reciuirod  to  make  the  sei/.ure  in  transit. 

If  the  laws  of  a  country  admit  neither  of  the  seizure  on  importation 
nor  the  prohibiton  of  importation,  nor  seizure  in  said  country,  these 
measures  shall  be  replaced  by  the  acts  and  means  which  the  law  of 
such  country  would  assure  in  like  case  to  its  own  citizens. 

Article  10. 

The  provisons  of  the  preceding  article  shall  be  applicable  to  any 
product  bearing  falsely,  as  indication  of  place  of  production,  the 
name  of  a  definite  locality,  when  this  indication  shall  be  joined  to  a 
fictitious  or  borrowed  trade  name  with  an  intention  to  defraud. 

The  interested  party  is  considered  any  producer,  manufacturer  or 
merchant,  engaged  in  the  production,  manufacture  or  commerce  of 
such  product,  and  established  either  in  the  locality  falsely  indicated 
as  place  of  production  or  in  the  region  where  this  locality  is  situated. 

Article  10^. 

All  the  contracting  countries  agree  to  assure  to  the  members  of  the 
Union  an  effective  protection  against  unfair  competition. 

Article  11. 

The  contracting  countries  shall  accord,  in  conformity  with  their 
national  laws,  a  temporary  protection  to  patentable  inventions,  work- 
ing models,  industrial  models  or  designs,  as  well  as  to  trademarks,  for 
products  exhibited  at  international  expositions,  official  or  officially 
recognized,  organized  in  the  territory  of  one  of  them. 

Article  12. 

Each  of  the  contracting  countries  agrees  to  establish  a  special 
service  for  Industrial  Property  and  a  central  office  for  the  com- 
munication to  the  public  of  patents,  working  models,  industrial 
models  or  designs  and  trademarks. 

This  service  shall  publish,  as  often  as  possible,  an  official 
periodical. 

Article  13. 

The  international  Office  instituted  at  Berne  under  the  name  of 
''Bureau  international  pour  la  protection  de  la  Propriete  indus- 
trielle"  is  placed  under  the  high  authority  of  the  Government  of 
the  Swiss  Confederation,  which  regulates  its  organization  and  super- 
vises its  operation. 

The  international  Bureau  shall  centralize  information  of  any 
nature  relative  to  the  protection  of  industrial  property,  and  fonn 
it  in  a  general  statistical  report  which  shall  be  distributed  to  all 


374 

Administrations.  It  shall  proceed  to  considerations  of  common 
utility  interesting  to  the  Union  and  shall  edit,  witli  the  aid  of  the 
documents  put  at  its  disposal  by  the  different  Administrations,  a 
periodical  in  the  French  language  on  questions  concerning  the  object 
of  the  Union. 

Numbers  of  this  periodical,  like  all  the  documents  published  b}^  the 
international  Bureau,  shall  be  distributed  among  the  Administra- 
tions of  the  countries  of  the  Union,  in  proportion  to  the  number  of 
contributive  units  mentioned  below.  Copies  and  supplementary 
documents  which  shall  be  requested,  either  by  the  said  Administra- 
tions, or  by  societies  or  individuals,  shall  be  paid  for  separately. 

The  international  Bureau  shall  hold  itself  at  all  times  at  the 
disposition  of  the  members  of  the  Union,  to  furnish  them  special 
information  of  which  they  may  have  need,  on  the  questions  relative 
to  the  international  service  of  industrial  property.  It  shall  make 
an  annual  report  of  its  management  which  shall  be  communicated 
to  all  members  of  the  Union. 

The  official  language  of  the  international  Bureau  shall  be  French. 

The  expense  of  the  international  Bureau  shall  be  borne  in  com- 
mon by  the  contracting  countries.  They  may  not,  in  any  case,  exceed 
the  sum  of  sixty  thousand  francs  per  year. 

In  order  to  determine  the  contributive  part  of  each  of  the  coun- 
tries in  this  sum  total  of  the  expenses,  the  contracting  countries  and 
those  which  later  join  the  Union  shall  be  divided  into  six  classes, 
each  contributing  in  proportion  to  a  certain  number  of  units,  to-wit: 

Units. 

Class   1 25 

Class  2 20 

Class  3 15 

Class  4 10 

Class  5 5 

Class  6 3 

These  coefficients  shall  be  multiplied  by  the  number  of  countries  of 
each  class,  and  the  sum  of  the  products  thus  obtained  will  furnish 
the  number  of  units  by  which  tlie  total  expenses  are  to  be  divided. 
The  quotient  will  give  the  amount  of  the  unit  of  expense. 

Each  of  the  contracting  countries  shall  designate  at  the  time  of  its 
accession,  the  class  in  which  it  wishes  to  be  ranked. 

The  Government  of  the  Swiss  Confederation  shall  supervise  the 
expenses  of  the  international  Bureau,  make  necessary  advances  and 
draw  up  annual  statements  of  accounts  which  shall  be  communicated 
to  all  the  other  Administrations. 

Article  14. 

The  present  Convention  shall  be  submitted  to  periodical  revisions 
with  a  view  to  introducing  improvements  in  it  of  a  nature  to  perfect 
the  system  of  the  Union. 

To  this  end  Conferences  of  the  delegates  of  the  contracting  coun- 
tries shall  be  hold  successively  in  one  of  the  said  countries. 

The  Administration  of  the  country  where  the  Conference  is  to  be 
held  shall  prepare,  with  the  concurrence  of  the  international  Bureau 
the  works  of  such  Conference. 


375 

The  Director  of  the  international  Bureau  will  assist  at  the  meetings 
of  the  Conferences  and  take  part  in  the  discussions  without  a  vote. 

Article  15. 

It  is  understood  that  the  contracting  countries  reserve  to  themselves 
respectively  the  right  to  make  separately,  between  themselves,  special 
arrangements  for  the  protection  of  industrial  Property,  in  so  far 
as  these  arrangements  may  not  interfere  with  the  provisions  of  the 
present  Convention. 

Article  16. 

The  countries  which  have  not  taken  part  in  the  present  Convention 
shall  be  pei'mitted  to  adhere  to  it  upon  their  request. 

Notice  of  adhesion  shall  be  made  through  diplomatic  channels  to 
the  Government  of  the  Swiss  Confederation,  and  by  the  latter  to  all 
the  others. 

It  shall  entail  complete  adhesion  to  all  the  clauses  and  admission 
to  all  the  advantages  stipulated  by  the  present  Convention,  and  shall 
take  effect  one  month  after  the  notification  made  by  the  Government 
of  the  Swiss  Confederation  to  the  other  unionist  countries,  unless  a 
later  date  shall  have  been  indicated  by  the  adhering  country. 

Article  16^. 

The  contracting  countries  have  the  right  to  adhere  at  any  time  to 
the  present  Convention  for  their  colonies,  possessions,  dependencies 
and  protectorates,  or  for  certain  ones  of  them. 

They  may,  to  this  end,  either  make  a  general  declaration  by  which 
all  their  colonies,  possessions,  dependencies  and  protectorates  are 
included  in  the  adherence,  or  exprassly  name  those  included  therein, 
or  simply  indicate  those  excluded  from  it. 

This  declaration  shall  be  made  in  writing  to  the  Government  of  the 
Swiss  Confederation  and  by  the  latter  made  to  all  the  others. 

The  contracting  countries  can,  under  like  conditions,  renounce  the 
Convention  for  their  colonies,  possessions,  dependencies  and  protec- 
torates, or  for  certain  ones  of  them. 

Article  17. 

The  fulfillment  of  the  reciprocal  obligations  contained  in  the  pres- 
ent Convention  is  subordinated,  in  so  far  as  need  be,  to  compliance 
with  the  formalities  and  regulations  established  by  the  constitutional 
laws  of  those  of  the  contracting  countries  which  are  bound  to  secure 
the  application  of  the  same  which  they  engage  to  do  with  the  least 
possible  delay. 

Article  17^. 

The  Convention  shall  remain  in  force  an  indefinite  time,  until  the 
expiration  of  one  year  from  the  day  when  the  renunciation  shall  be 
made. 

This  renunciation  shall  be  addressed  to  the  Government  of  the 
Swiss  Confederation.     It  shall  effect  only  the  country  giving  such 


376 

notice,  the  Convention  remaining  operative  as  to  the  other  contracting 
countries. 

Article  18. 

The  present  Act  shall  be  ratified,  and  the  ratifications  filed  in 
Washington,  at  the  latest.  April  1.  1913,  It  shall  be  put  into  execu- 
tion, among  the  countries  which  shall  have  ratified  it,  one  month 
after  the  expiration  of  this  period  of  time. 

This  Act.  with  its  P'inal  Protocol,  shall  replace,  in  the  relations 
of  the  countries  which  shall  have  ratified  it :  the  Convention  of  Paris, 
IMarch  20,  1S83;  the  Final  Protocol  annexed  to  that  Act;  the  Protocol 
of  Madrid,  April  15,  1891  relating  to  the  dotation  of  the  interna- 
tional Bureau,  and  the  additional  Act  of  Brussels,  December  14. 
1900.  However,  the  Acts  cited  shall  remain  binding  on  the  countries 
which  shall  not  have  ratified  the  present  Act. 

Article  19. 

The  present  Act  shall  be  signed  in  a  single  copy,  which  shall  be 
filed  in  the  archives  of  the  Government  of  the  United  States.  A 
certified  copy  shall  be  sent  by  the  latter  to  each  of  the  unionist 
Governments. 

In  Witness  'Whereof,  the  respective  Plenipotentiaries  have  signed 
the  present  Act. 

Done  at  Washington,  in  a  single  copy,  the  second  day  of  June,  1911. 

For  Germany: 

Haniel  von  ITaimhausen. 
h.  robolski. 
Albert  Osterrieth. 

For  Austria  and  for  Hungary : 

L.  Baron  de  Hengelimuller, 
Amhassadeur  d? Autriche-Hongrie. 
For  Austria: 

Dr.  Paul  Chevalier  Beck 
de  Mannagetta  et  Lerchenau, 
Chef  de  Section  et  President  de  VOfice  I.  R.  des  Brevets  d^invention. 

For  Hungary : 

Elemer  de  Pomp^ry, 

Conseiller  ministeriel  a  VOffice  Royal  hongrois  Brevets  dHnvention, 

For  Belgium : 

J.  Brunet, 
Georges  de  Ro. 
Capitaine. 

For  Brazil: 

E.  DE  Lima  e  Silva. 

For  Cuba: 

Antonio  Martin  Rivero. 

For  Denmark: 

J.  Clan. 


377 
For  the  Dominican  Republic: 

E  MI  LID   C.   Joimr.RT. 

For  Spain : 

Juan  Riano  y  Gayangos. 
J.  Florez  Posada. 

For  the  United  States  of  America  : 

Edward  Bruce  Moore. 
Melville  Church. 
Charles  H.  Duell, 
RoBT.  H.  Parkinson. 
Frederick  P.  Fisii. 


For  France: 


For  Great  Britain; 


For  Italy; 


For  Japan: 


Pierre  Lefevre-Pontalis. 
G.  Breton. 
IMtchel  Pelletier. 
Georges  Maillard. 

A.  Mitchell  Innes. 
A.  E.  Bateman. 
W.  Te3iple  Franks. 

Lazzaro  Xegrotto  Cambiaso. 
Emilio  Venezian. 
G.  B.  Ceccato. 

K.  Matsui. 

Morio  Nakamatsu. 


For  the  United  States  of  Mexico: 

J.  de  las  Fuentes. 


For  Norway : 

For  the  Netherlands: 

For  Portugal: 

For  Servia; 

For  Sweden: 

For  Switzerland: 

For  Tunis: 


ludwig  aubert. 

Snyder  van  Wissenkerke. 

J.  F.  H.  M.  DA  Franca,  Vte.  D'Alte. 


Albert  Ehrensvard. 

P.  Ritter. 
W.  Kraft. 
Henri  Martin. 

E.  de  Peretti  de  la  Rocca, 


378 
FINAL  PROTOCOL. 

At  the  time  of  proceeding  to  the  signing  of  the  Act  concluded  on 
this  day,  the  undersigned  Plenipotentiaries  are  agreed  upon  tj\e 
following : 

Ad  Article  1, 

The  words  "  Propriete  industrielle "  (Industrial  Property)  shall 
be  taken  in  their  broadest  acceptation;  they  extend  to  all  production 
in  the  domain  of  agricultural  industries  (wines,  grains,  fruits, 
animals,  etc.),  and  extractives  (minerals,  mineral  waters,  etc.). 

Ad  Article  2. 

(a)  Under  the  name  of  patents  are  comprised  the  different  kinds 
of  industrial  patents  admitted  by  the  laws  of  the  contracting  coun- 
tries, such  as  patents  of  importation,  patents  of  improvement,  etc.,  for 
the  processes  as  well  as  for  the  products. 

(b)  It  is  understood  that  the  provision  in  Article  2  which  dispenses 
the  members  of  the  Union  from  the  obligation  of  domicile  and  of 
establishment  has  an  interpretable  character  and  must,  consequently, 
be  applied  to  all  the  rights  granted  by  the  Convention  of  ]March  20, 
1883,  before  the  entrance  into  force  of  the  present  Act. 

(c)  It  is  understood  that  the  provisions  of  Article  2  do  not  infringe 
the  laws  of  each  of  the  contracting  countries,  in  regard  to  the  pro- 
cedure followed  before  the  courts  and  the  competency  of  those  courts, 
as  well  as  the  election  of  domicile  or  the  declaration  of  the  selection 
of  an  attorney  required  by  the  laws  on  patents,  working  models, 
marks,  etc. 

Ad  Article  4. 

It  is  understood  that,  when  an  industrial  model  or  design  shall  have 
been  filed  in  a  country  by  virtue  of  the  right  of  priority  based  on  the 
filing  of  a  working  model,  the  term  of  priority  shall  be  only  that 
which  Article  4  has  fixed  for  industrial  models  and  designs. 


J 


'to' 


Ad  Article  6. 

It  is  understood  that  the  provision  of  the  first  paragraph  of 
Article  6  does  not  exclude  the  right  to  require  of  the  depositor  a 
certificate  of  regular  registration  in  the  country  of  origin,  issued 
by  competent  authority. 

It  is  understood  that  the  use  of  badges,  insignia  or  public  decora- 
tions Avhich  sliall  not  have  been  authorized  by  competent  powers, 
or  the  use  of  official  signs  and  stamps  of  control  and  of  guaranty 
adopted,  by  a  unionist  country,  may  be  considered  as  contrary  to 
IDublic  order  in  the  sense  of  No.  3  of  Article  G. 

However,  marks,  which  contain,  with  the  authorization  of  com- 
petent powers,  the  reproduction  of  badges,  decorations  or  public  in- 
signia, shall  not  be  considered  as  contrary  to  public  order. 

It  is  understood  that  a  mark  shall  not  be  considered  as  contrary 
to  public  order  for  the  sole  reason  that  it  is  not  in  conformity  with 


379 

some  provision  of  laws  on  marks,  except  in  the  case  where  such 
provision  itself  concerns  ])ublic  order. 

The  present  Final  Prortocol,  which  shall  be  ratified  at  the  same 
lime  as  the  Act  concluded  on  this  day,  shall  be  considered  as  forming 
an  integral  part  of  this  Act,  and  .^lall  be  of  like  force,  value  and 
duration. 

In  AVitness  Whereof;  the  respective  Plenipotentiaries  have  signed 
the  present  Protocol, 

Done  at  Washington,  in  a  single  copy,  Jime  2,  1911. 
Haniel  von  Haimhausen. 

H,    R0B04.SKI. 

Albert  Osterrieth. 

L.  Baron  de  Hengelmuller, 

Dr.    Paul   Chevalier    Beck   de  Mawnagetta    et 

Lerciienau. 
Elemer  Pompery. 
J.  Brunet. 
Georges  de  Ro. 
Capitaine. 
R.  de  Lima  e  Silva. 
J.  Clan. 

Juan  Riano  y  Gayangos. 
J.  Florez  Posada. 
Edward  Bruce  Moore. 
Melville  Church. 
Charles  H.  Duell. 
Frederick  P.  Fish. 
Robt.  H.  Parkinson. 
Emilio  C.  Joubert. 
Pierre  Lefi:vre-Pontalis. 
Michel  Pelletier. 
G.  Breton. 
Georges  Maillard. 
A.  Mitchell  Innes. 
A.  E.  Bateman. 
W.  Temple  Franks. 
Lazzaro  Negrotto  Cambiaso. 
Emilio  Venezian. 
G.  B.  Ceccato. 
K.  Matsui. 
MoRio  Nakamatsu. 

J.   DE  LAS   FuENTES. 

Snyder  van  AVissenkerke. 

J.  F.  H.  M.  DA  Franca,  Vte.  D'Alte. 

Albert  Ehrensvard. 

P.  Ritter. 

W.  Kraft. 

Henri  Martin. 

E.  DE  Peretti  de  la  Rocca. 

LUDAVIG    AuBERT. 

Antonio  Martin  Rivero. 


FKAXCE. 

1911. 

Arbitration  Con\t:ntion." 

Signed  at  'Washington  August  3,  1911;  ratification  advised  hy  the 

Senate  March  5,  1912. 

[The  text  of  this  convention  is  taken  from  the  copy  printed  for  the 
use  of  the  Senate  of  the  United  States.] 

Articles. 


I.  Differences  to  be  submitted ;  s]ie- 

cial  agreeiueut. 
II.  Joint    High    Commission    of    In- 
quiry. 
III.  Duties. 


IV.  Procedure. 

Y.  Time  and  place  of  meeting. 
VI.  Arbitration  treaty  of  1008  super- 
seded. 
VII.  Duration ;  ratification. 


The  United  States  of  America  and  the  French  Republic  being 
equally  desirous  of  perpetuatino;  the  firm,  inviolable  and  universal 
peace,  which  has  happily  existed  between  the  two  nations  from  the 
earliest  days  of  American  independence,  and  which  has  been  con- 
firmed and  strenofthened  by  their  close  relations  of  friendship  and 
commerce,  and  there  being  no  important  question  of  difference  now 
outstanding  between  them,  and  both  nations  being  resolved  that  no 
future  difference  shall  be  a  cause  of  hostilities  between  them  or  in- 
terrupt their  good  relations; 

The  High  Contracting  Parties  have,  therefore,  determined,  in 
furtherance  of  this  end,  to  conclude  a  treaty  extending  the  scope  and 
obligations  of  the  policy  of  arbitration  adopted  in  their  present  arbi- 
tration treaty  of  February  10,  1908,  so  as  to  exclude  certain  excep- 
tions contained  in  that  Treaty  and  to  provide  means  for  the  peaceful 
solution  of  all  questions  of  difference  which  it  shall  be  found  im- 
possible in  future  to  settle  by  diplomacy. 

And  for  that  purpose  they  have  appointed  as  their  respective 
Plenipotentiaries : 

The  President  of  the  United  States  of  America,  the  Honorable 
Philander  C.  Knox,  Secretary  of  State  of  the  United  States; 
and 

The  President  of  the  French  Republic,  His  Excellency  J.  J. 
Jusserand,  Ambassador  of  the  French  Republic  at  Washington; 

Who,  duly  authorized,  have  agreed  upon  the  following  Articles : 

Article  I. 

All  differences  hereafter  arising  between  the  High  Contracting 
Parties,  which  it  has  not  been  possible  to  adjust  by  diplomacy, 

•This  convention  has  not  been  ratified  by  the  President  of  the  United  States. 

(3S0) 


381 

relating  to  international  matters  in  which  the  High  Contracting 
Parties  are  concerned  by  virtue  of  a  claim  of  right  made  by  one 
against  the  other  under  treaty  or  otherwise,  and  which  are  justiciable 
in  their  nature  by  reason  of  being  susceptible  of  decision  by  the  ap- 
plication of  the  principles  of  law  or  equity,  shall  be  submitted  to 
the  Permanent  Court  of  Arbitration  established  at  The  Hague  by 
the  Convention  of  October  18,  1907,  or  to  some  other  arbitral  tri- 
bunal, as  shall  [may]  be  decided  in  each  case  by  special  agreement, 
which  special  agreement  shall  provide  for  the  organization  of  such 
tribunal  if  necessary,  define  the  scope  of  the  powers  of  the  arbitra- 
tors, the  question  or  questions  at  issue,  and  settle  the  terms  of  refer- 
ence and  the  procedure  thereunder. 

The  provisions  of  Articles  37  to  00,  inclusive,  of  the  Convention 
for  the  Pacific  Settlement  of  International  Disputes  concluded  at  the 
Second  Peace  Conference  at  The  Hague  on  the  18th  October,  1907. 
so  far  as  applicable,  and  unless  they  are  inconsistent  with  or  modified 
by  the  provisions  of  the  special  agreement  to  be  concluded  in  each 
case,  and  excepting  Articles  58  and  54  of  such  Convention,  shall 
govern  the  arbitration  proceedings  to  be  taken  under  this  Treaty. 

The  special  agreement  in  each  case  shall  be  made  on  the  part  of 
the  United  States  by  the  President  of  the  United  States,  by  and  Avith 
the  advice  and  consent  of  the  Senate  thereof,  and  on  the  part  of 
France  subject  to  the  procedure  required  by  the  constitutional  laws 
of  France. 

Such  agreements  shall  be  binding  when  confirmed  by  the  two 
Governments  by  an  exchange  of  notes. 

Article  II. 

The  High  Contracting  Parties  further  agree  to  institute  as  occasion 
arises,  and  as  hereinafter  provided,  a  Joint  High  Commission  of 
Inquiry  to  which,  upon  the  request  of  either  Party,  shall  be  referred 
for  impartial  and  conscientious  investigation  any  controversy  be- 
tween the  Parties  wdthin  the  scope  of  Article  I,  before  such  contro- 
versy has  been  submitted  to  arbitration,  and  also  any  other  contro- 
versy hereafter  arising  betw^een  them  even  if  they  are  not  agreed 
that  it  falls  within  the  scope  of  Article  I;  provided,  however,  that 
such  reference  may  be  postponed  until  the  expiration  of  one  year 
after  the  date  of  the  formal  request  therefor,  in  order  to  afford  an 
opportunity  for  diplomatic  discussion  and  adjustment  of  the  ques- 
tions in  controversy,  if  either  Party  desires  such  postponement. 

Whenever  a  question  or  matter  of  difference  is  referred  to  the 
Joint  High  Commission  of  Inquiry,  as  herein  provided,  each  of 
the  High  Contracting  Parties  shall  designate  three  of  its  nationals 
to  act  as  members  of  the  Commission  of  Inquiry  for  the  purjwses 
of  such  reference;  or  the  Commission  may  be  otherwise  constituted 
in  any  particular  case  by  the  terms  of  reference,  the  membership  of 
the  Commission  and  the  terms  of  reference  to  be  determined  in  each 
case  by  an  exchange  of  notes. 

The  provisions  of  Articles  9  to  36,  inclusive,  of  the  Convention 
for  the  Pacific  Settlement  of  International  Disputes  concluded  at 
The  Hague  on  the  18th  October,  1907,  so  far  as  applicable  and 
unless   they   are   inconsistent   with   the   provisions   of   this  Treaty, 


382 

or  are  modified  bv  the  terms  of  reference  agreed  upon  in  any  par- 
ticular case,  shall  govern  the  organization  and  procedure  of  the 
Commission. 

Article  III. 

The  Joint  High  Commission  of  Inquiry,  instituted  in  each  case  as 
provided  for  in  Article  II,  is  authorized  to  examine  into  and  report 
upon  the  particular  questions  or  matters  referred  to  it,  for  the  pur- 
pose of  facilitating  the  solution  of  disputes  by  elucidating  the  facts, 
and  to  define  the  issues  presented  by  such  questions,  and  also  to  in- 
clude in  its  report  such  recommendations  and  conclusions  as  may  be 
appropriate. 

The  reports  of  the  Commission  shall  not  be  regarded  as  decisions 
of  the  questions  or  matters  so  submitted  either  on  the  facts  or  on  the 
law.  and  shall  in  no  v,ny  have  the  character  of  an  arbitral  award. 

[It  is  further  agreed,  however,  that  in  cases  in  which  the  Parties 
disagree  as  to  whether  or  not  a  difference  is  subject  to  arbitration 
under  Article  I  of  this  Treaty,  tliat  question  shall  be  submitted  to 
the  Joint  High  Commission  of  Inquiry;  and  if  all  or  all  but  one  of 
the  members  of  the  Commission  agree  and  report  that  such  difference 
is  within  the  scope  of  Article  I,  it  shall  be  referred  to  arbitration 
in  accordance  with  the  provisions  of  this  Treaty.] 

Article  IV. 

The  Commission  shall  have  power  to  administer  oaths  to  witnesses 
and  take  evidence  on  oath  whenever  deemed  necessary  in  any  pro- 
ceeding, or  inquiry,  or  matter  within  its  jurisdiction  under  this 
Treaty;  and  the  High  Contracting  Parties  agree  to  adopt  such  legis- 
lation as  may  be  appropriate  and  necessary  to  give  the  Commission 
the  powers  above  mentioned,  and  to  provide  for  the  issue  of  subpoenas 
and  for  compelling  the  attendance  of  witnesses  in  the  proceedings 
before  the  Commission. 

On  the  inquiry  both  sides  must  be  heard,  and  each  Party  is  entitled 
to  appoint  an  Agent,  whose  duty  it  shall  be  to  represent  his  Govern- 
ment before  the  Commission  and  to  present  to  the  Commission,  either 
personally  or  through  counsel  retained  for  that  purpose,  such  evidence 
and  arguments  as  he  may  deem  necessary  and  appropriate  for  the 
information  of  the  Commission. 

Article  V. 

The  Commission  shall  meet  whenever  called  upon  to  make  an 
examination  and  report  under  the  terms  of  this  Treaty,  and  the  Com- 
mission may  fix  such  times  and  places  for  its  meetings  as  may  be 
necessary,  subject  at  all  times  to  special  call  or  direction  of  the  two 
Governments.  Each  Commissioner,  upon  the  first  joint  meeting  of 
the  Commission  after  his  appointment,  shall,  before  proceeding  with 
the  work  of  the  Commission,  make  and  subscribe  a  solemn  declaration 
in  writing  that  he  will  faithfully  and  impartially  perform  the  duties 
imposed  upon  him  under  this  Treaty,  and  such  declaration  shall  be 
entered  on  the  records  of  the  proceedings  of  the  Commission. 

The  United  States  and  P>ench  sections  of  the  Commission  may 
each  appoint  a  secretary,  and  these  shall  act  as  joint  secretaries  of  the 


383 

Commission  at  its  joint  sessions,  and  the  Commission  may  employ 
experts  and  clerical  assistants  from  time  to  time  as  it  may  deem 
advisable.  The  salaries  and  personal  expenses  of  the  Commission 
and  of  the  agents  and  counsel  and  of  the  secretaries  shall  be  paid  by 
their  respective  Governments,  and  all  reasonable  and  necessary  joint 
expenses  of  the  Commission  incurretl  by  it  shall  be  paid  in  equal 
moieties  by  tlie  High  Contracting  Parties. 

Article  VI. 

This  Treaty  shall  supersede  the  Arbitration  Treaty  concluded 
between  the  High  Contracting  Parties  on  February  10,  1908. 

Article  VII. 

The  present  Treaty  shall  be  ratified  by  the  President  of  the  United 
States  of  America,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  by  the  President  of  the  French  Republic,  in  accordance 
with  the  constitutional  laws  of  France.  The  ratifications  shall  be 
exchanged  at  Washington  as  soon  as  possible  and  the  Treaty  shall  take 
effect  on  the  date  of  the  exchange  of  its  ratifications.  It  shall  there- 
after remain  in  force  continuously  unless  and  until  terminated  by 
twelve  months'  written  notice  given  by  either  High  Contracting  Party 
to  the  other. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  this 
Treaty  in  duplicate  in  the  English  and  French  languages  and  have 
hereunto  affixed  their  seals. 

Done  at  Washington  and  Paris  this  third  day  of  August,  one 
thousand  nine  hundred  and  eleven. 

[seal.]  Philander  C.  Kkox. 

[seal.]  Jusserand. 

In  Executive  Session,  Senate  of  the  United  States. 
(Legislative  day,  Maech  5,  1912;  calendar  day,  March  7,  1912.) 

Resolved  {tivo-thirds  of  the  Senators  ijresent  concurring  therein)^ 
That  the  Senate  advise  and  consent  to  the  ratification  of  a  treaty 
signed  by  the  plenipotentiaries  of  the  United  States  and  France  on 
August  3,  1911,  extending  the  scope  and  obligation  of  the  policy  of 
arbitration  adopted  in  the  present  arbitration  treaty  of  February  10, 
1908,  between  the  two  countries,  so  as  to  exclude  certain  exceptions 
contained  in  that  treaty  and  to  provide  means  for  the  peaceful  solu- 
tion of  all  questions  of  difference  which  it  shall  be  found  impossible 
in  future  to  settle  by  diplomacy,  with  the  following 

amendments. 

On  page  2,  line  39,  after  the  word  "  tribunal  "  insert  a  comma. 

In  the  same  line  strike  out  the  word  "  may  "  and  insert  "  shall.*' 

On  page  4  strike  out  the  paragraph  commencing  on  line  22  and 
ending  on  line  29. 

Provided^  That  the  Senate  advises  and  consents  to  the  ratification 
of  the  said  treaty  with  the  understanding,  to  be  made  part  of  such 


384 

ratification,  that  the  treaty  does  not  authorize  the  submission  to 
arbitration  of  any  question  which  all'ects  the  admission  of  aliens  into 
the  United  States,  or  the  admission  of  aliens  to  the  educational  insti- 
tutions of  the  several  States,  or  the  territorial  intefrrity  of  the  several 
States  or  of  the  United  States,  or  concernino:  the  question  of  the 
alleged  indebtedness  or  monied  obligation  of  any  State  of  the  United 
States,  or  any  question  which  depends  upon  or  involves  the  mainte- 
nance of  the  traditional  attitude  of  the  United  States  concerning 
American  (]uestions,  commonly  described  as  the  Monroe  doctrine,  or 
other  purely  governmental  policy. 


GREAT  BRITAIN. 

1911. 

Arbitration  Convention." 

Signed  at  W ashington  August  S,  1911;  ratification  advised  hy  the 

Senate  March  5,  1912. 

[The  text  of  this  convention  is  taken  from  the  copy  printed  for  the 
use  of  the  United  States.] 


I. 


II. 


III. 


Differences  to  be  submitted;  spe- 

IV 

ci.il  agreement. 

\ 

Joint    High    Commission    of    In- 

VI 

quiry. 

Duties. 

VII 

Procedure. 

Time  and  plnce  of  meeting. 
Arbitration  treaty  of  1908  super- 
seded. 
Duration,  ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  and  of  the  British 
Dominions  beyond  the  Seas,  Emperor  of  India,  being  equally  de- 
sirous of  perpetuating  the  peace,  which  has  happily  existed  between 
the  two  nations,  as  established  in  1814  by  the  Treaty  of  Ghent,  and 
has  never  since  been  interrupted  by  an  appeal  to  arms,  and  which 
has  been  confirmed  and  strengthened  in  recent  years  by  a  number  of 
treaties  whereby  pending  controversies  have  been  adjusted  by  agree- 
ment or  settled  by  arbitration  or  otherwise  provided  for;  so  that  now 
for  the  first  time  there  are  no  important  questions  of  difference  out- 
standing between  them,  and  being  resolved  that  no  future  differences 
shall  be  a  cause  of  hostilities  between  them  or  interrupt  their  good 
relations  and  friendship ; 

The  High  Contracting  Parties  have,  therefore,  determined,  in 
furtherance  of  these  ends,  to  conclude  a  treaty  extending  the  scope 
and  obligations  of  the  policy  of  arbitration  adopted  in  their  present 
arbitration  treaty  of  April  4,  1908,  so  as  to  exclude  certain  exceptions 
contained  in  that  treaty  and  to  provide  means  for  the  peaceful 
solution  of  all  questions  of  difference  which  it  shall  be  found  im- 
possible in  future  to  settle  by  diplomacy,  and  for  that  purpose  they 
nave  appointed  as  their  respective  Plenipotentiaries: 

The  President  of  the  United  States  of  America,  the  Honorable 
Philander  C.  Knox,  Secretary  of  State  of  the  United  States;  and 

His  Britannic  Majesty,  the  Right  Honorable  James  Brj^ce,  O.  M.. 
his  Ambassador  Extraordinary  and  Plenipotentiary  at  Wash 
ington ; 

•This  convention  has  not  been  ratified  by  the  President  of  the  United  States. 

(385) 


386 

"WTio.  having  communicated  to  one  another  their  full  powers,  found 
in  good  and  due  furni,  have  agreed  upon  the  following  articles: 

Article  L 

All  differences  hereafter  arising  between  the  High  Contracting 
Parties,  which  it  has  not  been  possible  to  adjust  by  diplomacy,  re- 
lating to  international  matters  in  which  the  high  Contracting  Parties 
are  concerned  by  virtue  of  a  claim  of  right  made  by  one  against  the 
other  under  treaty  or  otherwise,  and  which  are  justiciable  in  their 
nature  by  reason  of  being  susceptible  of  decision  b^  the  application 
of  the  principles  of  law  or  equity,  shall  be  submitted  to  the  Per- 
manent Court  of  Arbitration  established  at  The  Hague  by  the  Con- 
vention of  October  18,  1907,  or  to  some  other  arbitral  tribunal,  as 
sTiaU  [may]  be  decided  in  each  case  by  special  agreement,  which 
special  agreement  shall  proxdde  for  the  organization  of  such  tribunal 
if  necessarv,  define  the  scope  of  the  powers  of  the  arbitrators,  the 
question  or  questions  at  issue,  and  settle  the  tenns  of  reference  and 
the  procedure  thereundei". 

The  provisions  of  xVrticlcs  37  to  90,  inclusive,  of  the  Convention 
for  the  Pacific  Settlement  of  International  Disputes  concluded  at  the 
Second  Peace  Conference  at  The  Hague  on  the  18th  October,  1907,  so 
far  as  applicable,  and  unless  they  are  inconsistent  with  or  modified 
by  the  provisions  of  the  special  agreement  to  be  concluded  in  each 
case,  and  excepting  Articles  53  and  54  of  such  Convention,  shall 
govern  the  arbitration  proceedings  to  be  taken  under  this  Treaty. 

The  special  agreement  in  each  case  shall  be  made  on  the  part  of  the 
United  States  b}^  the  President  of  the  United  States,  by  and  with 
the  advice  and  consent  of  the  Senate  thereof,  His  Majesty's  Govern- 
ment reserving  the  right  before  concluding  a  special  agreement  in 
any  matter  affecting  the  interests  of  a  self-governing  dominion  of  the 
British  Empire  to  obtain  the  concurrence  therein  of  the  government 
of  that  dominion. 

Such  agreements  shall  be  binding  when  confirmed  by  "the  two  Gov- 
ernments by  an  exchange  of  notes. 

Article  II. 

The  High  Contracting  Parties  further  agree  to  institute  as  occasion 
arises,  and  as  hereinafter  provided,  a  Joint  High  Commission  of  In- 
quiry to  Avhich,  upon  the  request  of  either  Party,  shall  be  referred 
for  impartial  and  conscientious  investigation  any  controversy  be- 
tween the  Parties  within  the  scope  of  Article  I,  before  such  contro- 
versy has  been  submitted  to  arbitration,  and  also  any  other  contro- 
versy hereafter  arising  between  them  even  if  they  are  not  agi'eed  that 
it  falls  within  the  scope  of  Article  I;  provided,  however,  that  such 
reference  may  be  postponed  until  the  expiration  of  one  year  after  thej 
date  of  the  foniial  request  therefor,  in  order  to  afford  an  opportunity' 
for  diplomatic  discussion  and  adjustment  of  the  questions  in  con- 
troversy, if  either  Party  desires  such  postponement. 

Whenever  a  question  or  matter  of  difference  is  referred  to  the 
Joint  High  Commisison  of  Inquiry,  as  herein  provided,  each  of  the 
High  Contracting  Parties  shall  designate  three  of  its  nationals  to  act 
as  members  of  the  Commission  of  Inquiry  for  the  purposes  of  such 


387 

reference;  or  the  Commission  may  be  otherwise  constituted  in  any 
particular  case  by  the  terms  of  reference,  the  membership  of  tlie  Com- 
mission and  the  terms  of  reference  to  be  determined  in  each  case  by 
an  exchange  of  notes.  The  provisions  of  Articles  9  to  36,  inclusive, 
of  the  Convention  for  the  Pacific  Settlement  of  International  Disputes 
concluded  at  The  Hague  on  the  18th  October,  1907,  so  far  as  appli- 
cable and  unless  they  are  inconsistent  with  the  provisions  of  this 
Treaty,  or  are  modified  by  the  terms  of  reference  agreed  upon  in  any 
particular  case,  shall  govern  the  organization  and  procedure  of  the 
Commission. 

Article  III. 

The  Joint  High  Commission  of  Inquiry,  instituted  in  each  case 
as  provided  for  in  Article  II,  is  authorized  to  examine  into  and 
report  upon  the  particular  questions  or  matters  referred  to  it,  for 
the  purpose  of  facilitating  the  solution  of  disputes  by  elucidating 
the  tacts,  and  to  define  the  issues  presented  by  such  questions,  and 
also  to  include  in  its  report  such  recommendations  and  conclusions 
as  may  be  appropriate. 

The  reports  of  the  Commission  shall  not  be  regarded  as  decisions 
of  the  questions  or  matters  so  submitted  either  on  the  facts  or  on  the 
law  and  shall  in  no  way  have  the  character  of  an  arbitral  award. 

[It  is  further  agreed,  however,  that  in  cases  in  which  the  Parties 
disagree  as  to  whether  or  not  a  difference  is  subject  to  arbitration 
under  Article  I  of  this  Treaty,  that  question  shall  be  submitted  to 
the  Joint  High  Commission  of  Inquiry;  and  if  all  or  all  but  one  of 
the  members  of  the  Commission  agree  and  report  that  such  difference 
is  within  the  scope  of  Article  I,  it  shall  be  referred  to  arbitration 
in  accordance  with  the  provisions  of  this  Treaty.] 

Article  IV. 

The  Commission  shall  have  power  to  administer  oaths  to  witnesses 
and  take  evidence  on  oath  whenever  deemed  necessary  in  any  pro- 
ceeding, or  inquiry,  or  matter  within  its  jurisdiction  under  this 
Treaty;  and  the  High  Contracting  Parties  agree  to  adopt  such  legis- 
lation as  may  be  appropriate  and  necessary  to  give  the  Commission 
the  powers  above  mentioned,  and  to  provide  for  the  issue  of  sub- 
poenas and  for  compelling  the  attendance  of  witnesses  in  the  pro- 
ceedings before  the  Commission. 

On  the  inquiry  both  sides  must  be  heard,  and  each  Party  is  entitled 
to  appoint  an  Agent,  whose  duty  it  shall  be  to  represent  his  Govern- 
ment before  the  'Commission  and  to  present  to  the  Commission,  either 
personally  or  through  counsel  retained  for  that  purpose,  such  evi- 
dence and  arguments  as  he  may  deem  necessary  and  appropriate 
for  the  information  of  the  Commission. 

Article  V. 

The  Commission  shall  meet  whenever  called  upon  to  make  an 
examination  and  report  under  the  terms  of  this  Treaty,  and  the 
Commission  may  fix  such  times  and  places  for  its  meetings  as  may  ho 
necessary,  subject  at  all  times  to  special  call  or  direction  of  the  two 

76S44°— S.  Doc.  1063,  62-63 26 


388 

Governments.  Each  Commissioner,  upon  the  first  joint  meetintr  of 
the  Commjp-ioii  after  his  appointment,  sliall.  before  ]:)roceedino:  with 
the  M-ork  of  the  Commission,  malve  and  subscribe  ix  solemn  declaration 
in  writing  that  he  will  faithfully  and  impartially  perform  the 
duties  imposed  upon  him  under  this  Treaty,  and  such  declaration 
shall  be  entered  on  the  records  of  the  proceedings  of  the  Commission. 
The  United  States  and  British  sections  of  the  Commission  may 
each  appoint  a  secretary,  and  these  shall  act  as  joint  secretaries  of 
the  Conmiission  at  its  joint  sessions,  and  the  Commission  may  emploj'' 
experts  and  clerical  assistants  from  time  to  time  as  it  may  deem 
advisable.  The  salaries  and  personal  expenses  of  the  Commission 
and  of  the  agents  and  counsel  and  of  the  secretaries  shall  be  paid  by 
their  respective  Governments  and  all  reasonable  and  necessary  joint 
expenses  of  the  Commission  incurred  by  it  shall  be  paid  in  equal 
moieties  by  the  High  Contracting  Parties. 

Article  VI. 

Tliis  Treaty  shall  supersede  the  Arbitration  Treaty  concluded  be- 
tween the  High  Contracting  Parties  on  April  4,  1908,  but  all  agree- 
ments, awards,  and  proceedings  under  that  Treat}^  shall  continue  in 
force  and  effect  and  this  Treaty  shall  not  af!'ect  in  any  w^ay  the  pro- 
visions of  the  Treaty  of  January  11, 1900,  relating  to  questions  arising 
between  the  United  States  and  the  Dominion  of  Canada. 

Article  VII. 

The  present  Treaty  shall  be  ratified  by  the  President  of  the  United 
States  of  America,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  by  His  Britannic  Majesty.  The  ratifications  shall  be 
exchanged  at  Washington  as  soon  as  possible  and  the  Treaty  shall 
take  effect  on  the  date  of  the  exchange  of  its  ratifications.  It  shall 
thereafter  remain  in  force  continuously  unless  and  until  terminated 
by  twenty-four  months'  written  notice  given  by  either  High  Con- 
tracting Party  to  the  other. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  this 
Treaty  in  duplicate  and  have  hereunto  affixed  their  seals. 

Done  at  Washington  the  third  day  of  August,  in  the  j^ear  of  our 
Lord  one  thousand  nine  hundred  and  eleven. 

[seal.]  Philander  C.  Knox, 

[seal.]  James  Bryce. 

In  Executive  Session,  Senate  of  the  United  States. 

(I^gisJative  day,  March  5,  1912;  calendar  day,  Makch  7.  1912.) 

Resolved  {two-thirds  of  the  Senators  present  concui^nng  therein)^ 
That  the  Senate  advise  and  consent  to  the  ratification  of  a  treatv 
signed  by  the  plenipotentiaries  of  the  United  States  and  Great 
Britain  on  August  3,  1911,  extending  the  scope  and  obligation  of  the 
policy  of  arbitration  adopted  in  the  present  arbitration  treat}^  of 
April  4,  1908,  between  the  two  countries,  so  as  to  exclude  certain  ex- 
ceptions contained  in  that  treaty  and  to  provide  means  for  the  peace- 


389 

fill  solution  of  all  questions  of  flifTci'ence  which  it  shall  be  found  im- 
possible in  future  to  settle  by  diplomacy,  with  the  following 

AMENDMENTS. 

On  page  3,  line  4,  after  the  word  "  tribunal "  add  a  comma. 

In  tlie  same  line  strike  out  "  may "  and  insert  in  lieu  thereof 
"shall." 

On  page  4  strike  out  the  paragraph  commencing  on  line  28  and 
ending  on  line  35. 

Provided.,  That  the  Senate  advises  and  consents  to  the  ratification 
of  the  said  treaty  with  the  understanding,  to  be  made  part  of  such 
ratification,  that  the  treaty  does  not  authorize  the  submission  to  arbi- 
tration of  any  question  Avhich  affects  the  admission  of  aliens  into  the 
United  States,  or  the  admission  of  aliens  to  the  educational  institu- 
tions of  the  several  States,  or  the  territorial  integrity  of  the  several 
States  or  of  the  United  States,  or  concerning  the  question  of  the 
alleged  indebtedness  or  monied  obligation  of  any  State  of  the  United 
States,  or  any  question  which  depends  upon  or  involves  the  mainte- 
nance of  the  traditional  attitude  of  the  United  States  concerning 
'  American  questions,  commonly  described  as  the  Monroe  doctrine,  or 
other  purely  governmental  policy. 


1913. 

Tnternattonal  Sanitary  Convention.* 

Signed  at  Paris  January  17^  1912;  ratification  advised  by  the  Senate 

February  19, 1913. 

[The  text  of  this  convention  is  taken  from  the  copy  printed  for  the 
use  of  the  Senate  of  the  United  States.] 

ARTICLES. 

Title  1. — Genebal  Provisions. 

chapter  i. — rtjles  to  be  observed  by  the  countries  signing  the  convention 
as  soon  as  plague,  cholera,  or  yellow  fever  appears  in  their  territory. 

Section  I. — 'Notification  and  subsequent  communications  to  the  other  countries. 

1.  Notification. 

2.  Contents  of. 

3.  To  whom  addressed. 

4.  Governments  to  be  regularly  informed  as  to  the  progress  of  epidemic. 

5.  Importance  of. 

6.  Information  service  of  neighboring  countries. 

Section  II. — Conditions  which  warrant  considering  a  tei-ritorial  area  as  being 
contaminated  or  as  having  become  healthy  again. 

7.  Measures  prescribed  not  applicable  to  single  case. 

8.  Measures  prescribed  applicable  only  to  arrivals  from  contaminated  areas. 

9.  Requirements  for  considering  area  no  longer  contaminated. 

Section  III. — Measures  in  contaminated  ports  upon  the  departure  of  vessels. 

10.  Embarkation  of  persons,  etc.,  under  what  circumstances  prevented. 

chapter    n. — MEASURES    OF    DEFENSE    AGAINST    CONTAMINATED    TERRITORIES. 

Section  I. — Publication  of  the  prescribed  measures. 

11.  Publication  and  communication  of ;  revocation  or  modification  of  measures. 
Section    II. — Merchandise — Disinfection — Importation    and    transit — Baggage. 

12.  Contaminated  merchandise  defined. 

13.  Merchnndise,  when  to  be  disinfected :  when  entry  is  prohibited. 

14.  Transit  of  merchandise  not  prohibited  through  infected  area  under  cer- 
tain conditions. 

15.  Limitation  as  to  time  of  shipping  merchandise  from   infected  area. 

16.  Mode  and  place  of  disinfection  determined  by  authorities  of  country  of 
destination;  damages  as  result  of  disinfection  determined  by  each  nation. 

17.  Letters,  correspondence,  etc.,  not  including  parcels,  not  subject  to  restric- 
tion or  disinfection;  parcels  included  in  case  of  yellow  fever. 

18.  Merchandise,  detention  of,  prohibited ;  measures  relative  to. 

19.  Merchandise,  owner  of,  entitled  to  certificate  of  disinfection. 
•JO.  Clothing,  household  goods,  etc.,  when  subject  to  disinfection. 

•Awaiting  ratification  by  other  governments. 
(390) 


391 

Section  III. — Measures  in  ports  and  at  maritime  frontiers. 
A. — Classification  of  vessels. 

21.  Vessels  "  infected,"  '*  suspicious,"  or  "  uninfected,"  how  determined. 

B.  Measures  concerning  plague. 

22.  Ships  infected  with  plague;  measures  applicable  thereto. 

23.  Vessels  suspected  of  j)lague;  measures  applicable  thereto. 

24.  Vessels  uninfected  with  plague,  pratique  granted  immediately;  measures 
applicable  thereto. 

25.  Plague-striclven   rats  on   uninfected    vessels;   measures  to   be  applied  to 
vessel  and  crew. 

26.  Recommendation  for  periodical  destruction  of  rats. 

C. — Measures  concerning  cholera. 

27.  Vessels  infected  with  cholera ;  medical  inspection,  isolation,  surveillance, 
and  disinfection. 

2S.  Vessels  suspected  of  cholera ;  measures  applicable  thereto. 

29.  Vessels  uninfected  with  cholera  to  be  granted  partique;  measures  appli- 
cable thereto. 

D. — Measures  concerning  the  yellow  fever. 

30.  Vessels   infected   with   yellow   fever;    medical  inspection,    isolation,   and 
protection  from  mosquito  bites ;  surveillance. 

31.  Vessels  suspected  of  yellow  fever  subject  to  six  days'  surveillance,  and 
measures  applicable  thereto. 

32.  Vessels    uninfected    with    yellow    fever   granted    pratique   after    medical 
Inspection. 

33.  Countries  to  which  articles  30  and  31  apply. 

E. — Provisions  common  to  all  three  diseases. 

34.  Rules  for  applying  measures  set  forth  in  articles  22  to  33. 

35.  Special  measures,  when  may  be  prescribed. 

36.  Election  of  vessel  to  submit  to  regulations,  or  put  to  sea ;  how  cargo  only 
may  be  lauded. 

37.  Conditions  under  which  vessels  shall  not  be  subjected  to  sanitary  measures 
at  each  succeeding  port. 

38.  Contents  of  certificate  issued  by  sanitary  oflBcer  and  captain,  etc. 

39.  Contents  of  certificate  issxied  by  sanitary  officer  to  passengers. 

40.  Coasting  vessels,  establishment  by  mutual  agreement  of  special  measures. 

41.  Privilege  of  riparian  nations  to  modify  by  special  agreements  sanitary 
measures. 

42.  Organization  and  equipment  required  at  one  or  more  ports  to  be  desig- 
nated. 

43.  RQcommendation  for  proper  treatment  and  care  of  crew  and  inhabitants 
of  large  ports. 

44.  Sanitary  measures  of  country  of  departure  to  be  considered  in  treatment 
accorded  arrivals. 

Section  IV. — Measures  on  land  frontiers — Travelers — Railroads — Frontier 

zones — River  routes. 

45.  Land  quarantines  not  permitted;  detention  at  frontiers;   right  to  close 
part  of  frontiers. 

46.  Surveillance  of  passengers  by  railroad  employees. 

47.  Limitation  of  medical  interference  of  passengers. 

48.  Duration  of  surveillance  of  p.issengers  on  arrival  from  infected  localities. 

49.  Reservation  of  right  to  take  special  measures  respecting  gypsies,  vaga- 
bonds, and  others. 

50.  Cars  not  subjected  to  detention  at  frontiers;  disinfection  of. 

51.  Companies  or  departments  concerned  shall  determine  measures  for  cross- 
ing frontiers  by  railroad  and  postal  employees. 


S92 

52.  Contiguous  nations  shall  determine  frontier  traffic  bv  special  arrange- 
ments. 

53.  Riparian  nations  to  regulate  sanitary  conditions  of  river  routes  by  special 
arrangements. 

Title    II.— Spkciai.    Provisions    Applicable   to    Orik.ntal    and    Far   Eastern 

Countries. 

Sectio:?  I. — Measures  in  ports  contaminated  upon  the  departure  of  vessels. 

54.  Rxamiuation  of  persons  embarking  on  vessels. 

Section  II. — Measure.^  icith  respect  to  ordinary  vessels  hailinff  from  contami- 
nated northern  ports  and  appearing  at  the  entrance  of  the  ^'i/er  Canal  or  in 
Egyptian  ports. 

55.  Uninfected  vessels  permitted  to  pass  through  Suez  Canal  and  continue 
their  route  under  observation. 

56.  Uninfected  vessels  for  Egyptian  ports  may  stop  at  Alexandria  or  Port 
Said  to  complete  observation. 

57.  Sanitary  regulations  to  be  applied  to  such  vessels;  acceptance  of  regula- 
tions by  various  powers. 

Section  III. — Measures  in  the  Red  Sea. 

A. — Measures  with   respect   to  ordinary   vessels   hailing   from   the   south   and 
appearing  in  ports  of  the  Red  Sea  or  bound  toward  the  Mediterranean. 

5S.  Vessels  coming  from  the  south  and  entering  Red  Sea  subject  to  easuing 
articles,  independent  of  general  provisions. 

59.  Observation  period  for  uninfected  vessels. 

60.  Suspected  vessels;  presence  of  physician  and  disinfecting  apparatus  to  be 
considered  in  treatment  of:  isolation  and  disinfection  of  passengers  Egyptian 
bound. 

61.  Infected  vessels  classified  : 

(a)  With  physician  and  apparatus. 

(b)  Without    physician    and    apparatus;    regulations    with    reference 

thereto. 

B. — Measures  with  respect  to  ordinary  vessels  hailing  from  the  infected  ports 
of  Hedjaz  during  the  pilgrimage  season. 

62.  Shall  be  regarded  and  treated  as  suspected  vessels. 

Section  IV. — Organi::ation  of  surveillance  and  disinfection  at  Suez  and  Moses 

Spring. 

63.  Medical  inspection  to  be  made  in  daytime,  except  when  vessel  is  lit  by 
electricity. 

64.  Number,  qualification,  and  appointment  of  physicians  at  Suez  station; 
inadequacy  of  force  to  be  augmented  by  surgeons  of  navies  of  the  several 
nations. 

65.  Corps  of  sanitary  guards. 

66.  Number  of  guards  and  manner  of  appointment. 

67.  Classification  of  guards. 
6S.  Compensation  of  guards. 

69.  Authority  vested  in  guards. 

Section  V. — Passage  through  the  Suez  Canal  in  quarantine. 

70.  Passage  through  quarantine:  how  granted. 

71.  Notification  of  passage  to  each  power. 

72.  Penalties  for  abandonment  of  route;  exceptions. 

73.  Interrogatories  as  to  stokers  and  other  workmen  to  be  answered  by  cap- 
tain under  oath. 

74.  Health  officer  and  guards  to  accompany  vessel  and  enforce  measures. 


393 

75.  Embarkations,  landings,  and  transshipments  of  passengers  or  cargo  for- 
bidden during  passage. 
70.  Dofkinj;  during  i)assage  forbidden ;  exception. 

77.  Regulations  for  conveying  troops. 

78.  ^■ossels  forbidden  to  stop  in  harbor  of  Port  Said;  exception  and  treat- 
ment thereunder. 

79.  Coaling  of  vessels  at  Port  Said,  and  regulation  thereof. 
SO.  Disinfection  of  pilots,  electricians,  and  others. 

81.  Regulations  concerning  the  passage  of  war  vessels. 

8:i.  Regulations  respecting  the  transit   through   Egyptian  territory  of  mails 
and  passengers  in  quarantine  trains. 

Section  VI. — Sanitary  tiicasures  ai>i)Ucahle  to  the  Persian  Gulf. 

53.  Regulations  established  applicable,  subject  to  certain  reservations. 

Title  III. — Provisions  speciai.ly  applicable  to  pilgrimages. 

CHAPTER   I. — general   PROVISIONS. 

54.  Persons  on  pilgrim  ships  subject  to  provisions  of  article  54,  Title  II. 

85.  Pilgrims  shall  not  embark  when  plague  or  cholera  exists  in  port. 

86.  Evfdence  showing  ability  to  complete  pilgrimage  reqiiired. 

87.  Steamships  alone  permitted  lo  engage  in  transportation  of  pilgrims. 

88.  Coasting-trade   vessels  subject   to    regulations   applicable   to   Hedjaz   pil- 
grimage. 

89.  "Pilgrim  ship"  determined  by  number  of  pilgrims  embarking. 

90.  Pilgrim  ships  in  Ottoman  waters  subject  to  special  regulations  applicable 
to  Hedjaz  pilgrimage. 

91.  Sanitary  taxes  from  pilgrims  payable  by  captain. 

92.  Disposition  of  pilgrims  at  point  of  debarkation. 

93.  Provisions  of  pilgrims  to  be  destroyed  if  necessary. 

CHAPTER  II. pilgrim    SHIPS — SANITARY  ARRANGEMENTS. 

Section  I. — General  arrangement  o/  vessels. 

94.  Space  required  on  board  ship  for  each  pilgrim. 

95.  Reservation  of  place  and  supply  of  sea  water  for  needs  of  pilgrims. 

96.  Water-closets  for  use  of  pilgrims. 

97.  Arrangements  for  cooking  by  pilgrims. 

98.  Infirmaries  and  sanitary  arrangements  for  lodging  the  sick. 

99.  Free  medicines,  disinfectants,  etc.,  for  pilgrims. 

100.  Ship  required  to  carry  physician. 

101.  Allowance  of  food  and  water  and  cost  of  extras  to  be  posted. 

102.  Baggage  of  pilgrims  shall  be  registered,  etc. 

103.  Regulations  to  be  posted  in  various  languages. 

Section  II. — Measures  to  be  taken  before  departure. 

104.  Intent  to  embark  pilgrims,  the  day  of  sailing,  and  destination  of  vessel 
to  be  declared  by  captain. 

105.  Inspection  and  measurement  of  vessel. 

106.  Departure  of  vessel  dependent  upon  compliance  with  regulations. 

107.  Passenger  list  to  be  vised  by  competent  autfiority  and  bill  of  health 
required  before  departure. 

Section  III. — Measures  to  be  taken  during  the  passage. 

108.  Freedom  of  deck  for  use  by  passengers. 

109.  Space  between  decks  to  be  cleaned  daily. 

110.  Cleansing  and  disinfecting  water-closets. 

111.  Collection  of  plague  or  cholera  infected  excretions  and  dejections. 

112.  Disinfection  of  infected  articles  of  bedding,  etc. 

113.  Disinfection  of  quarters  occupied  by  patients. 

114.  Disinfection  of  pilgrim  ship  governed  by  regulations  of  country  of  vessel. 


394 

115.  Quantity  of  drinking  water  allowed  daily. 

116.  Treatment  and  disposition  of  coutaruiuated  water. 

117.  Duties  of  ship  physician  in  regard  to  pilgrims. 

lis.  Isolation  of  persons  in  charge  of  plague  or  cholera  patients. 

119.  Record  of  death  on  ship  board,  and  disposition  of  body. 

120.  Record  of  sanitary  measures  executed. 

121.  Landings  and  embarkations  during  voyage. 

122.  Bill  of  health  not  to  be  changed,  and  to  be  vis§d  by  health  authority 
at  each  port. 

Section  IV. — Measures  to  he  taken  on  the  arrival  of  pilgrims  in  the  Red  Sea. 

A. — Sanitary    measures    applicable   to    Mussulman-pilgrim    ships   hailing    from 
an  infected  port  and  bound  from  the  south  toward  Hedjaz. 

122.  Inspection  of  pilgrim  ships  at  Camaran. 

123.  Nature  of  inspection  required  before  vessel  shall  be  recognized  as  unin- 
fected. 

124.  Treatment  of  pilgrims  on  board  suspicious  vessels. 

125.  Treatment  of  pilgrims  on  board  infected  vessels. 

126.  Equipment  and  force  of  sanitary  stations. 

B. — Sanitary  measures  applicable  to  Mussulman-pilgrim  ships  hailing  from  the 

south  and  bound  toward  Hedjaz. 

127.  Conditions  under  which  pratique  shall  be  immediately  granted. 

128.  Existence  of  plague  or  cholera  in  port  or  on  board  subjects  vessel  to 
rules  applicable  at  Camaran. 

Section  V. — Measures   to  he  taken  upon   the  return  of  pilgrims. 

129.  All  vessels  carrying  returning  pilgrims  must  submit  to  sanitary  obser- 
vation at  Tor. 

130.  Quarantine  of  vessel  returning  Mussulman  pilgrims  through  canal. 

131.  Egyptian  pilgrims  only  allowed  to  leave  vessel  at  Tor. 
1.32.  Observation  of  Egyptian  pilgrims  required. 

133.  Infected   vessels  subject  to   rules  adopted  at  Camaran  and  to  certain 
special  provisions. 

134.  Egyptian  pilgrims  subject  to  additional  obsen-ation. 

135.  Uninfected  vessels  subject  only  to  rules  adopted  at  Camaran ;  additional 
special  provisions. 

136.  Return  of  vessel  from  Suez  to  Tor  if  suspicious  case  is  on  board. 

137.  Transshipment  of  pilgrims  in  Egyptian  ports  forbidden. 

138.  Vessels  bound  for  African  shore  to  be  subjected  at  Souakim  to  same 
quarantine  procedure  as  at  Tor. 

139.  Vessels  not  carrying  returning  pilgrims  granted  pratique  on  inspection 
at  Suez. 

140.  Rules  governing  caravans  when  plague  or  cholera   is  known  to   exist 
In  Hedjaz. 

141.  Examination  and  disinfection  of  caravans  when  plague  or  cholera  has 
not  been  observed  in  Hedjaz. 

B. — Pilgrims  returning  southward. 

142.  Measures  prescribed  in  articles  10  and  54  applied  to  pilgrims  at  ports 
of  embarkation  when  deemed  necessary. 

Chapter  III. — Penalties. 

143.  For  failure  to  distribute  water,  provisions,  etc. 

144.  For  Infraction   of  article  101. 

145.  For  conmiitting  fraud  concerning  list  of  pilgrims  or  bill  of  health. 

146.  For  arrival  without  bill  of  health  or  without  vis^. 

147.  For  carrying  more  than  100  pilgrims  without  physician. 


395 

148.  For  carrying  more  pilgrims  than  authorized. 

149.  For  landing  pilsriiiis  at  place  otlicr  than  destination. 

150.  For  all  otlier  infractions  of  provisions  relative  to  pilgrims. 

151.  Keport  and  delivery  to  proper  autliority  of  violations  proven. 

152.  For  failure  of  agents  to  assist  in  executing  provisions  of  convention. 

Title  IV.^Surveillange  and  Execution. 
I. — Sanitary,  maritime,  and  quarantine  board  of  Egypt. 

153.  Confirmation  of  decrees  and  decision  of  Khedive. 

154.  Exjiense  incurred  by  increase  of  personnel  to  be  paid  by  Egyptian  Gov- 
ernment. 

155.  Revision  of  regulations  in  force  to  conform  to  convention,  and  accept- 
ance by  other  powers. 

II. — International  health  hoard  of  Tangier. 

156.  Necessity  for  enforcing  provision  of  sanitary  convention  in  Morocco. 

III. — Miscellaneous  provisions. 

157.  Limitation  of  the  use  of  sanitary  taxes  and  fines. 

158.  Instructions  to  captains  of  vessels  with  regard  to  plague,  cholera,  and 
yellow  fever. 

Title  V. — ^Ajjhesions  and  Ratifications. 


159.  Nonsiguatory  powers. 

160.  Ratification. 


[Translation.] 


His  Majesty  the  Emperor  of  Germany,  King  of  Prussia,  in  the 
name  of  the  German  Empire;  the  President  of  the  United  States  of 
America;  the  President  of  the  Argentine  Republic;  His  Majesty  the 
Emperor  of  Austria,  King  of  Bohemia,  etc.,  etc.,  and  Apostolical 
King  of  Hungary;  His  Majesty  the  King  of  the  Belgians;  the 
President  of  the  Republic  of  Bolivia ;  the  President  of  the  Republic 
of  the  United  States  of  Brazil;  His  Majesty  the  King  of  the  Bul- 
garians; the  President  of  the  Republic  of  Chile;  the  President  of  the 
Republic  of  Colombia;  the  President  of  the  Republic  of  Costa  Rica; 
the  President  of  the  Republic  of  Cuba;  His  Majesty  the  King  of  Den- 
mark; the  President  of  the  Republic  of  Ecuador;  His  Majesty  the 
King  of  Spain ;  the  President  of  the  French  Republic ;  His  Majesty 
the  King  of  the  United  Kingdom  of  Great  Britain  and  Ireland  and 
the  British  Territories  beyond  the  Seas,  Emperor  of  India ;  His 
Majesty  the  King  of  the  Hellenes;  the  President  of  the  Republic  of 
Guatemala ;  the  President  of  the  Republic  of  Haiti ;  the  President  of 
the  Republic  of  Honduras ;  His  Majesty  the  King  of  Italy ;  His  Royal 
Highness  the  Grand  Duke  of  Luxemburg;  the  President  of  the  United 
Mexican  States;  His  Majesty  the  King  of  Montenegro;  His  Majesty 
the  King  of  Norway ;  the  President  of  the  Republic  of  Panama ;  Her 
Majesty  the  Queen  of  the  Netherlands;  His  Majesty  the  Shah  of 
Persia;  the  President  of  the  Portuguese  Republic;  His  ISIajesty  the 
King  of  Rumania;  His  Majesty  the  Emperor  of  all  the  Russias;  the 
President  of  the  Republic  of  Salvador;  His  Majestj^  the  King  of 
Servia;  His 'Majesty  the  King  of  Siam;  His  Majesty  the  King  of 
Sweden;  the  Swiss  Federal  Council;  His  Majesty  the  Emperor  of  the 


396 

Ottomans;  His  Highness  the  Kheilive  of  Egj'pt,  acting  within  tlie 
limits  of  the  po\Yers  conferred  upon  liim  by  the  Imperial  firmans,  and 
the  President  of  the  Oriental  Republic  of  Uruguay, 

Having  decided  to  make  such  modifications  in  the  provisions  of 
the  Sanitary  Convention  signed  at  Paris  on  December  3,  1903,  as 
are  warranted  by  the  new  data  of  prophylactic  science  and  experience, 
to  enact  new  international  regulations  in  regard  to  j-ellow  fever,  and 
to  extend  as  far  as  possible  the  field  of  application  of  the  principles 
underlying  the  international  sanitary  regulations,  have  appointed 
as  their  Plenipotentiaries,  to  wit: 

His  Majesty  the  Emperor  of  Germany,  King  of  Prussia, 

Baron  von  Stein,  Superior  Privy  Government  Counselor,  Report- 
ing Counselor  in  the  Imperial  Ollice  of  the  Interior,  member  of  the 
Board  of  Health  of  the  Empire; 

Professor  Gaffky,  Superior  Privy  Medical  Councilor,  Director  of 
the  Royal  Institute  for  Infectious  Diseases  at  Berlin,  member  of  the 
Board  of  Health  of  the  Empire; 

The  President  of  the  United  States  of  America, 

Mr.  A.  Bailly-Blanchard,  Minister  Plenipotentiary,  Counselor  of 
the  Embassy  of  the  United  States  of  America  at  Paris; 

The  President  of  the  Argentine  Republic, 

Dr.  Francisco  de  Veyga,  Inspector  General  of  the  Medical  Services 
of  the  Argentine  Army,  Professor  in  the  Faculty  of  Medicine  and 
member  of  the  National  Board  of  Hygiene; 

Dr.  Ezequiel  Castilla.  member  of  the  Committee  of  the  Interna- 
tional Office  of  Public  Hygiene; 

His  Majesty  the  Emperor  of  Austria,  King  of  Bohemia,  etc.,  etc., 
and  Apostolical  King  of  Hungary, 

Baron  Maximilian  von  Gagern,  Grand  Cross  of  the  Imperial  Aus- 
trian Order  of  Francis  Joseph,  His  Envoy  Extraordinary  and  Min- 
ister Plenipotentiary  to  the  Swiss  Confederation ; 

Knight  Francis  von  Haberler,  Doctor  of  Law  and  Medicine,  Min- 
isterial Counselor  in  the  Imperial-Royal  Austrian  Ministry  of  the 
Interior^ 

Mr.  i^tienne  Worms,  Doctor  of  Law,  Knight  of  the  Imperial  Aus- 
trian Order  of  Francis  Joseph,  Section  Counselor  in  the  Imperial 
Royal  Austrian  ^Ministrj'  of  Commerce; 

Mr.  Jules  Boles  de  Nagybudafa,  Counselor  in  the  Royal  Hungarian 
Ministry  of  the  Interior ; 

Baron  Caiman  von  Miiller,  D(x;tor  of  Medicine,  Ministerial  Coun- 
selor. Professor  in  the  Royal  Hungarian  University  of  Budapest, 
President  of  the  Board  of  Health  of  the  Kingdom,  member  of  the 
Hungarian  Chamber  of  ^Magnates; 

His  ^Majesty  the  King  of  the  Belgians, 

Mr.  O.  Velghe,  Director  General  of  the  Sanitary  and  Hygienic 
Service  in  the  INIinistry  of  the  Interior,  Secretary  Member  of  the 
Superior  Board  of  Hygiene,  Officer  of  the  Order  of  Leopold : 

Mr.  E.  van  Ermengem,  Professor  in  the  University  of  Ghent, 
member  of  the  Superior  Board  of  Hygiene,  Commander  of  the  Order    p 
of  Leopold ; 

The  President  of  the  Republic  of  Bolivia. 

Mr.  Ismael  Montes,  His  Envoy  Extraordinary  and  Minister  Pleni- 
potentiary to  the  President  of  the  French  Republic; 


397 

Dr.  Chervin,  Knight  of  the  National  Order  of  the  Legion  of 
Honor ; 

The  President  of  the  Republic  of  the  United  States  of  Brazil, 

Dr.  Henrique  de  Figuciredo  Vasconcellos,  Chief  of  Service  in  the 
Oswaldo  Cruz  Institute  at  Kio  de  Janeiro; 

His  Majesty  the  Kin«i^  of  the  Bulgarians, 

Mr.  Dimitrius  Stancioff,  His  Envoy  Extraordinary  and  Minister 
Plenipotcnliarv  to  the  President  of  the  French  Ilepublic; 

Dr.  Chichkoff,  Medical  Captain  in  the  Bulgarian  Army; 

The  President  of  the  Kepublic  of  Chile, 

Mr.  Federico  Puga  Borne,  His  Envoy  Extraordinary  and  Minister 
Plenipotentiary  to  the  President  of  the  French  Kepublic; 

The  President  of  the  Kepublic  of  Colombia, 

Dr.  Juan  E.  Manrique,  Minister  Plenipotentiary; 

The  President  of  the  Republic  of  Costa  Kica, 

Dr.  Alberto  Alvarez  Cafias,  Consul  General  of  the  Republic  of 
Costa  Rica  at  Paris; 

The  President  of  the  Republic  of  Costa  Rica, 

General  Tomas  Collazo  y  Tejada,  his  Envoy  Extraordinary  and 
Minister  Plenipotentiary  to  the  President  of  the  French  Republic; 

Ilis  Majesty  the  King  of  Denmark, 

Count  de  Reventlow,  Grand  Cross  of  the  Order  of  Danebrog,  his 
Envoy  ^Extraordinary  and  Minister  Plenipotentiary  to  the  Presi- 
dent of  the  French  Republic ; 

The  President  of  the  Republic  of  Ecuador, 

Mr.  Victor  M.  Rendon,  his  Envoy  Extraordinary  and  Minister 
Plenipotentiary  to  the  President  of  the  French  Republic; 

Mr.  E.  Dorn  y  de  Alsua,  First  Secretary  of  the  Legation  of  the  Re- 
public of  Ecuador  at  Paris ; 

His  Majesty  the  King  of  Spain, 

Mr.  Francisco  de  Reynoso,  Minister  Resident,  Counselor  of  the 
Royal  Embassy  of  Spain  at  Paris ; 

Dr.  Angel  Pulido  Fernandez,  Sanitary  Counselor,  former  Director 
General  of  Health,  Life  Senator  of  the  Kingdom ; 

The  President  of  the  French  Republic, 

Mr.  Camille  Barrere,  Ambassador  of  the  French  Republic  to  H.  M. 
the  King  of  Italy,  Grand  Cross  of  the  National  Order  of  the  Legion 
of  Honor ; 

Mr.  Fernand  Gavarry,  Minister  Plenipotentiary  of  the  first  class, 
Director  of  Administrative  and  Technical  Affairs  in  the  Ministry  of 
Foreign  Affairs,  Officer  of  the  National  Order  of  the  Legion  of 
Honor ; 

Dr.  Emile  Roux,  President  of  the  Superior  Board  of  Public  Hy- 
giene of  France,  Director  of  the  Pasteur  Institute,  Commander  of  the 
National  Order  of  the  Legion  of  Honor; 

Mr.  Louis  Mirman,  Director  of  Public  Assistance  and  Hygiene  in 
the  Ministry  of  the  Interior ; 

Dr.  A.  Calmette,  Director  of  the  Pasteur  Institute  of  Lille,  Officer 
of  the  National  Order  of  the  Legion  of  Honor ; 

Mr.  Ernest  Ronssin,  Consul  General  of  France  in  India,  Officer  of 
the  National  Order  of  the  Legion  of  Honor; 

^Mr.  Georges  Harismendy,  Counsel  General,  Assistant  Chief  of  the 
Bureau  of  International  Unions  and  Consular  Affairs  in  the  Ministry 


398 

of  Foreign  Affairs,  Knight  of  the  National  Order  of  the  Legion  of 
Honor; 

Mr.  Paul  Roux,  Assistant  Chief  in  the  Ministry  of  the  Interior, 
Knight  of  the  National  Order  of  the  Legion  of  Honor; 

His  Majesty  the  King  of  the  United  Kingdom  of  Great  Britain 
and  Ireland  and  of  the  British  Territories  beyond  the  seas,  Emperor 
of  India. 

The  Honorable  Lancelot  Douglas  Carnegie,  Minister  Plenipoten- 
tiary, Counselor  of  tlie  Koyal  British  Embassy  at  Paris,  member  of 
the  Royal  Order  of  Victoria ; 

Dr.  Ralph  William  Johnstone,  Medical  Inspector  of  the  Local 
Government  Board ; 

Surgeon  General  Sir  Benjamin  Franklin,  former  Director  General 
of  the  Indian  Medical  Service  and  former  Head  of  the  Ileallh 
Service  for  British  India,  Knight  Commander  of  the  Order  of  the 
Empire  of  India.  Knight  of  Grace  of  the  Order  of  St.  John  of 
Jerusalem ; 

His  Majesty  the  King  of  the  Hellenes, 

Mr.  Demetrius  Caclamanos,  First  Secretary  of  the  Royal  Legation 
of  Greece  at  Paris ; 

The  President  of  the  Republic  of  Guatemala, 

Mr.  Jose  Maria  Lardizabal,  Charge  d'Affaires  of  the  Republic  of 
Guatemala  at  Paris; 

The  President  of  the  Republic  of  Haiti, 

Dr.  August  Casseus ; 

The  President  of  the  Republic  of  Honduras, 

Mr.  Desire  Pector,  Consul  General  of  the  Republic  of  Honduras 
at  Paris,  member  of  the  Permanent  Court  of  Arbitration  of  The 
Hague; 

His  Majesty  the  King  of  Italy, 

Commander  Rocco  Santoliquido,  Deputy  Doctor  of  Medicine, 
Director  General  of  Public  Health  of  the  Kingdom ; 

Dr.  Adolfo  Cotta,  Chief  of  Division  in  the  Royal  Ministry  of  the 
Interior; 

His  Royal  Highness  the  Grand  Duke  of  Luxemburg, 

Mr.  E.  L.  BastJn,  Consul  of  Luxemburg  at  Paris; 

Dr.  Praum,  Director  of  the  Practical  Laboratory  of  Bacteriology 
Qt  Luxemburg; 

The  President  of  the  United  Mexican  States, 

Dr.  ISIiffuel  Zuniira  v  Azcarate: 

His  Majesty  the  King  of  Montenegro, 

Mr.  Louis  Brunet,  Consul  General  of  Montenegro  at  Paris; 

Dr.  Edouard  Binet,  Chief  Surgeon  of  the  Hospital  of  the  Eight 
Score ; 

His  Majesty  the  King  of  Norway, 

Mr.  Frederick,  Hartvig,  Herman  Wedel  Jarlsberg,  His  Envoy 
Extraordinary  and  Minister  Plenipotentiary  to  the  President  of  the 
French  Republic; 

The  President  of  the  Republic  of  Panama, 

Mr.  Juan  Antonio  Jimenez,  Charge  d'Affaires  of  the  Republic  of 
Panama  at  Paris ; 

Her  Majesty  the  Queen  of  the  Netherlands, 

Dr.  W.  P.  Ruy.~ch,  Inspector  General  of  the  Sanitary  Service  of 
South  Holland  and  Zealand; 


399 

Dr.  C.  Winkler,  retired  Medical  Inspector  of  the  Civil  Health 
Service  for  Java  and  Madoura; 

His  Majesty  the  Shah  of  Persia, 

Samad  Khan  Momtazos  Saltaneh,  His  Envoy  Extraordinary  and 
Minister  Plenipotentiary  to  the  President  of  the  French  Republic; 

The  President  of  the  Portiifjuese  Republic, 

Dr.  Antonio  Augusto  Gongalves  Braga,  Sanitary  Maritime  Physi- 
cian at  Lisbon; 

His  Majesty  the  King  of  Rumania, 

Mr.  Alexander  Em.  Lahovary,  His  Envoy  Extraordinary  and 
Minister  Plenipotentiary  to  the  President  of  the  French  Republic; 

His  Majesty  the  Emperor  of  All  the  Russias, 

Mr.  Platon  de  AVaxel,  Privy  Councilor,  permanent  member  of  the 
Council  of  the  Ministry  of  Foreign  Affairs  and  of  the  Board  of  Pub- 
lic Hygiene  in  the  Imperial  Ministry  of  the  Interior; 

Dr.  Freyberg,  Actual  Counselor  of  State,  Official  of  the  Imperial 
Ministry  of  the  Interior,  Representative  of  the  Commission  created 
by  Supreme  Order  against  the  propagation  of  the  plague ; 

The  President  of  the  Republic  of  Salvador, 

Dr.  S.  Letona,  Consul  General  of  the  Republic  of  Salvador  at 
Paris ; 

His  Majesty  the  King  of  Servia, 

Dr.  Milenko  Vesnitch,  His  Envoy  Extraordinary  and  Minister 
Plenipotentiary  to  the  President  of  the  French  Republic; 

His  Majesty  the  King  of  Siam, 

Dr.  A.  Manaud,  Sanitary  Counselor  of  the  Royal  Government ; 

His  Majesty  the  King  of  Sweden, 

Count  Gykienstolpe,  His  Envoy  Extraordinary  and  Minister  Pleni- 
potentiary to  the  President  of  the  French  Republic ; 

The  Swiss  Federal  Council, 

Mr.  Charles  Edouard  Lardy,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  the  Swiss  Confederation  to  the  President  of  the 
French  Republic; 

His  INIajesty  the  Emperor  of  the  Ottomans, 

Missak  Effendi,  Minister  Plenipotentiary; 

His  Highness  the  Khedive  of  Egypt, 

Youssouf  Pacha  Saddik,  Representative  of  the  Khedival  Govern- 
ment before  the  Sublime  Porte; 

And  the  President  of  the  Oriental  Republic  of  Uruguay, 

Dr.  Louis  Piera,  His  EnA^oy  Extraordinaiy  and  Minister  Plenipo- 
tentiary to  the  President  of  the  French  Republic, 

Who,  having  exchanged  their  full  powers^  found  in  good  and  due 
form,  have  agi'eed  to  the  following  provisions: 

Title  I.  General  Provisions. 

Chapter  I.  Rules  to  he  observed  hy  the  coimtnes  signing  the  Con- 
vention as  soon  as  plague,  cholera,  or  yellow  fever  appears  in  their 
territory. 

SECTION    I.    NOTIFICATION    AND    SUBSEQUENT    COMINIUNICATIONS    TO    THE 

OTHER  COUNTRIES. 

Art.  1.  Each  Government  shall  immediately  notify  the  other  Gov- 
ernments of  the  first  authentic  case  of  plague,  cholera,  or  yellow  fever 
discovered  in  its  territory. 


400 

Likewise,  the  first  authentic  case  of  cholera,  phiiiiie*  or  yellow  fever 
occurriiio:  outside  the  districts  already  stricken  shall  constitute  the 
object  of  an  immediate  notification  to  the  other  (Tovernments. 

Art.  2.  Every  notification  as  provided  for  in  article  1  shall  be  ac- 
companied or  very  promptly  followed  by  particulars  re<;arding: 

1.  The  neio:hboi'hood  in  which  the  disease  has  appeared; 

2.  The  date  of  its  appearance,  its  origin,  and  it.:^  form ; 

3.  The  number  of  established  cases  and  the  number  of  deaths; 

4.  The  extent  of  the  area  or  areas  affected ; 

5.  In  the  case  of  plague,  the  existence  of  plague  or  of  an  unusual 
mortality  among  rats; 

G.  In  the  case  of  j'ellow  fever,  the  existence  of  Stegoinya  calopiis; 

7.  The  measures  immediately  taken. 

Akt.  3.  The  notification  and  the  information  contemplated  in  arti- 
cles 1  and  2  are  to  be  addressed  to  the  diplomatic  or  consular  agencies 
in  the  capital  of  the  contaminated  country. 

In  the  case  of  countries  not  represented  there,  they  shall  be  trans- 
mitted directly  by  telegraph  to  the  Governments  of  these  countries. 

Art.  4.  The  notification  and  the  information  contemplated  in  arti- 
cles 1  and  2  shall  be  followed  by  subsequent  communications  sent 
regularly,  so  as  to  keep  the  Governments  informed  as  to  the  progress 
of  the  epidemic. 

These  communications,  which  shall  be  sent  at  least  once  a  week, 
and  which  shall  be  as  complete  as  possible,  shall  state  more  particu- 
larly the  precautions  taken  with  a  view  to  preventing  the  spread  of 
the  disease. 

They  shall  specify:  1)  The  prophylactic  measures  applied  in  re- 
gard to  sanitary  or  medical  inspection,  isolation,  and  disinfection; 
2)  the  measures  enforced  u]:)on  the  departure  of  ships  in  order  to 
prevent  the  exportation  of  the  disease  and  especially,  in  the  cases 
contemplated  under  Nos.  5  and  6  of  article  2  above,  the  measures 
taken  respectively  against  rats  and  mosquitos. 

Art.  5.  The  prompt  and  faithful  execution  of  the  foregoing  pro- 
visions is  of  prime  importance. 

The  notifications  are  of  no  real  value  unless  each  Government  is 
itself  opportunely  informed  of  cases  of  plague,  cholera,  and  yellow 
fever  and  of  doubtful  cases  occurring  in  its  territory.  It  can  not 
therefore  be  too  strongly  recommended  to  the  various  Governments 
that  they  make  compulsory  the  announcement  of  cases  of  plague, 
cholera,  and  yellow  fever  and  that  they  keep  themselves  informed  of 
any  unusual  mortality  among  rats,  especially  in  ports. 

Art.  6.  It  is  desirable  that  neighboring  countries  make  special 
arrangements  with  a  view  to  organizing  a  direct  information  service 
among  the  competent  heads  of  departments  in  matters  concerning 
contiguous  territories  or  those  which  have  close  commercial 
relations. 

RFX'TION    II.    CONDITIONS    WHICH    W\\RRANT    CONSIDFHING    A    TERRITORIAL 
AREA  AS  BEING  CONTAMINATED  OR  AS  HAVING  BECOME  HEALTHY  AGAIN. 

Art.  7.  The  notification  of  a  single  case  of  plague,  cholera,  or  yel- 
low fever  shall  not  involve  the  application,  against  the  territorial 
area  in  which  it  has  occurred,  of  the  measures  prescribed  in  Chapter 
II  hereinbelow. 


401 

However,  when  several  imimjwrted  cases  of  plague  or  yellow  fever 
have  appeared  or  when  the  cholera  cases  become  localized,"  the  area 
ma-/ be  considered  contaminated. 

Akt.  8.  In  order  to  conline  the  measures  to  the  stricken  regions 
only,  the  Governments  shall  apply  them  only  to  arrivals  from  the 
contaminated  areas. 

By  llie  word  area  is  meant  a  portion  of  territory  definitely  speci- 
fied in  the  particulars  which  accompany  or  follow  the  notification; 
for  instance,  a  province,  a  government,  a  district,  a  department,  a 
canton,  an  island,  a  commune,  a  city,  a  quarter  of  a  city,  a  village, 
a  port,  a  polder,  a  hamlet,  etc.,  whatever  be  the  area  and  population 
of  these  portions  of  territory. 

However,  this  restriction  to  the  contaminated  area  shall  only  be 
accepted  upon  the  formal  condition  that  the  Government  of  the  con- 
taminated country  take  the  necessary  measures:  1)  To  combat  the 
spread  of  the  epidemic  and  2),  if  it  is  a  question  of  cholera,  to  pre- 
vent, unless  previously  disinfected,  the  exportation  of  the  things 
mentioned  under  Nos.  1  and  2  of  article  13  and  coming  from  the  con- 
taminated area. 

When  an  area  is  contaminated,  no  restrictive  measures  shall  be 
taken  against  arrivals  from  such  area  if  such  arrivals  have  left  it  at 
least  five  days  before  the  beginning  of  the  epidemic. 

Art.  9.  In  order  that  an  area  may  be  considered  as  being  no  longer 
contaminated  it  must  be  officially  stated : 

1.  That  there  has  neither  been  a  death  nor  a  new  case,  as  regards 
the  plague  or  cholera  for  five  days,  and  as  regards  the  yellow  fever 
for  eighteen  days,  either  since  the  isolation  or  since  the  death  or 
cure  of  the  last  patient ; 

2.  That  all  measures  for  disinfection  have  been  applied;  besides, 
if  it  is  a  case  of  plague,  that  the  measures  against  rats  have  been 
executed,  and,  in  case  of  yellow  fever,  that  the  precautions  against 
mosquitos  have  been  taken. 

SECTION    III.    MEASURES   IN    CONTAMINATED   PORTS   UPON   THE   DEPARTUIIE 

OF   ^^SSELS. 

Art.  10.  The  competent  authority  shall  be  obliged  to  take  effective 
measures: 

1.  To  prevent  the  embarcation  of  persons  showing  symptoms  of 
plague,  cholera,  or  yellow  fever; 

2.  In  case  of  plague  or  cholera,  to  prevent  the  exportation  of  mer- 
chandise or  any  articles  which  he  may  consider  contaminated  and 
which  have  not  been  previously  disinfected  on  land,  under  the  super- 
vision of  the  physician  delegated  by  the  public  authority; 

3.  In  case  of  j)lague,  to  prevent  the  embarcation  of  rats; 

4.  In  case  of  cholera,  to  see  that  the  drinking  water  taken  on  board 
is  wholesome; 

5.  In  case  of  yellow  fever,  to  prevent  mosquitos  from  coming  on 
board. 

"  Tliore  is  localization  when  the  appearance  of  cases  of  cholera  beyond  the 
inunodiate  environments  of  the  first  case  or  cases  proves  that  the  spread  of  the 
disease  has  not  been  checked  where  it  appeared  first. 


402 
Chapter  II.  Measures  of  Defense  against  Contaminated  Territoines. 

SECTION  I.    PUBLICATION  OF  THE  PRESCRIBED  MEASURES. 

Art.  11.  The  Government  of  each  country  shall  be  obliged  to  im- 
mediately i^ublish  the  measures  which  it  believes  necessary  to  pre- 
scribe with  regard  to  arrivals  from  a  contaminated  country  or  ter- 
ritorial area. 

It  shall  at  once  communicare  this  publication  to  the  diplomatic 
or  consular  officer  of  the  contaminated  countiy  residing  in  its  cap- 
ital, as  well  as  to  the  international  boards  of  health. 

It  shall  likewise  be  obliged  to  make  known,  through  the  same  chan- 
nels, the  revocation  of  these  measures  or  any  modifications  which 
may  be  made  therein. 

In  default  of  a  diplomatic  or  consular  office  in  the  capital,  the 
communications  shall  be  made  directly  to  the  Government  of  the 
country  concerned. 

SECTION     II.    MERCHANDISE. — DISENFECTION. — IMPORTATION     AND 

TRANSIT. BAGGAGE. 

Art.  12.  No  merchandise  is  capable  by  itself  of  transmitting 
plague,  cholera,  or  yellow  fever.  It  only  becomes  dangerous  when 
contaminated  by  plague  or  cholera  products. 

Art.  13.  Disinfection  shall  be  applied  only  in  case  of  plague  or 
cholera  and  only  to  merchandise  and  articles  which  the  local  health 
authority  considers  contaminated. 

However,  in  case  of  plague  or  cholera,  the  merchandise  and  articles 
enumerated  below  may  l)e  subjected  to  disinfection  or  even  pro- 
hibited entry,  independently  of  any  proof  that  they  are  or  are  not 
contaminated : 

1.  Body  linen,  clothing  worn  (wearing  apparel),  and  bedding 
which  has  been  used. 

When  these  articles  are  being  transported  as  baggage  or  as  a 
result  of  a  change  of  residence  (household  goods),  they  shall  not  be 
prohibited  and  are  subject  to  the  provisions  of  article  20. 

Packages  left  by  soldiers  and  sailors  and  returned  to  their  coun- 
try after  death  are  treated  the  same  as  the  articles  comprised  in  the 
first  paragraph  of  Xo.  1. 

2.  Rags  (including  those  for  making  paper),  w^ith  the  exception, 
as  to  cholera,  of  compressed  rags  transported  as  wholesale  mer- 
chandise in  hooped  bales. 

Fresh  waste  coming  directly  from  spinning  mills,  weaving  mills, 
manufactories,  or  bleacheries;  artificial  wools  (shoddy),  and  fresh 
paper  trimmings  shall  not  be  forbidden. 

Art.  14.  The  transit  of  the  merchandise  and  articles  specified  under 
Nos.  1  and  2  of  the  preceding  articles  shall  not  be  prohibited  if  they 
are  so  packed  that  they  can  not  be  manipulated  en  route. 

Likewise,  when  the  merchandise  or  articles  are  transported  in  such 
a  manner  that  it  is  impossible  for  them  to  have  been  in  contact  with 
contaminated  articles  en  route,  their  transit  across  an  infected  ter- 
ritorial area  shall  not  constitute  an  obstacle  to  their  entry  into  the 
country  of  destination. 


I 


403 

Article  15.  The  merchandise  and  articles  specified  under  Nos.  1 
and  2  of  article  13  shall  not  be  subject  to  the  application  of  the 
measures  prohibiting  entry  if  it  is  proven  to  the  authorities  of  the 
country  that  they  were  shipped  at  least  five  days  before  the  begin- 
ning of  the  epidemic. 

AirricLE  16.  The  mode  and  place  of  disinfection,  as  ..'ell  as  the 
methods  to  be  employed  for  the  destruction  of  rats,  insects,  and 
mosquitos,  shall  be  determined  by  the  authorities  of  the  country  of 
destination.  These  operations  should  be  performed  in  such  a  man- 
lier as  to  cause  the  least  possible  injury  to  the  articles.  Clotliing, 
old  rags,  infected  materials  for  dressing  wounds,  papers,  and  other 
articles  of  little  value  may  be  destroyed  by  fire. 

It  shall  devolve  upon  each  Nation  to  determine  the  question  as  to 
the  possible  payment  of  damages  as  a  result  of  the  disinfection  and 
destruction  of  the  articles  mentioned  above  and  of  the  destruction 
of  rats,  insects,  and  mosquitos. 

If,  on  tlie  occasion  of  the  taking  of  measures  for  the  destruction 
of  rats,  insects,  and  mosquitos  on  board  vessels,  the  health  authorities 
should  levy  a  tax  either  directl}'^  or  through  a  society  or  private 
individual,  the  rate  of  such  tax  must  be  fixed  by  a  tariff  published 
in  advance  and  so  calculated  that  no  profit  shall  be  derived  by  the 
Nation  or  the  Health  Department  from  its  application  as  a  whole. 

Art.  17.  Letters,  and  correspondence,  printed  matter,  books,  news- 
papers, business  papers,  etc.  (postal  parcels  not  included)  shall  not 
be  subjected  to  any  restriction  or  disinfection. 

In  case  of  yellow  fever,  postal  parcels  shall  not  be  subjected  to  any 
restriction  or  disinfection. 

Art.  18.  Merchandise,  arriving  by  land  or  sea,  shall  not  be  de- 
tained at  frontiers  or  in  ports. 

The  only  measures  which  it  is  permissible  to  prescribe  in  regard 
to  them  are  specified  in  articles  13  and  16  above. 

However,  if  merchandise  arriving  by  sea  in  bulk  or  in  defective 
bails  has  been  contaminated  during  the  passage  by  rats  known  to  be 
stricken  with  plague,  and  if  it  can  not  be  disinfected,  the  destruc- 
tion of  the  germs  may  be  insured  by  storing  it  in  a  warehouse  for 
a  maximum  period  of  two  weeks. 

It  is  understood  that  the  application  of  this  last  measure  shall 
not  entail  any  delay  upon  the  vessel  or  any  extra  expense  as  a  result 
of  the  lack  of  warehouses  in  the  ports. 

Art.  19.  When  merchandise  has  been  disinfected  by  applying  the 
provisions  of  article  13,  or  temporarily  warehoused  in  accordance 
with  the  third  paragraph  of  article  18,  the  owner  or  his  representa- 
tive shall  be  entitled  to  demand  from  the  health  authority  who  has 
ordered  the  disinfection  or  storage,  a  certificate  setting  forth  the 
measures  taken. 

Art.  20.  Soiled  linen,  clothing,  and  articles  constituting  part  of 
baggage  or  furniture  (household  goods)  coming  from  a  contami- 
nated territorial  area  shall  only  be  disinfected  in  case  of  plague  or 
cholera  and  only  when  the  health  authority  considers  them  con- 
taminated. 

76844°— S.  Doc.  1063,  62-63 27 


404 

SECnOX  III.    MEASURES  IN  PORTS  AND  AT  MARITIiME  FRONTIERS. 
A.    CLASSIFICATION  OF  VESSELS. 

Art.  21.  A  vessel  is  considered  as  infected  which  has  plague, 
cholera,  or  yellow  fever  on  board,  or  which  has  presented  one  or  more 
cases  of  plague,  cholera,  or  yellow  fever  within  seven  days, 

A  vessel  is  considered  as  suspicious  on  board  of  which  there  were 
cases  of  plague,  cholera,  or  yellow  fever  at  the  time  of  departure  or 
have  been  during  the  vo3'age,  but  on  which  there  have  been  no  new 
cases  within  seven  daj's. 

A  vessel  is  considered  as  uninfected  which,  although  coming  from 
an  infected  port,  has  had  neither  death  nor  any  case  of  plague, 
cholera,  or  yellow  fever  on  board  either  before  departure,  during  the 
voyage,  or  at  the  time  of  arrival. 

B.    MEASURES    CONCERNING   PLAGUE. 

Art.  22.  Ships  infected  with  plague  shall  be  subjected  to  the  fol- 
lowing measures: 

1.  Medical  inspection. 

2.  The  patients  shall  be  immediately  landed  and  isolated. 

3.  All  persons  who  have  been  in  contact  with  the  patients  and 
those  whom  the  health  authorit}^  of  the  port  has  reason  to  consider 
suspicious  shall  be  landed  if  possible.  They  may  be  subjected  either 
to  observation,"  or  to  surveillance,''  or  to  observation  followed  by 
surveillance,  and  the  total  duration  of  these  measures  shall  not  exceed 
five  daj^s  from  the  date  of  arrival. 

It  is  within  the  discretion  of  the  health  authority  of  the  port  to 
apply  whichever  of  these  measures  appears  preferable  to  him  accord- 
ing to  the  date  of  the  last  case,  the  condition  of  the  vessel,  and  the 
local  possibilities. 

4.  The  soiled  linen,  wearing  apparel,  and  other  articles  of  the 
crew ''  and  passengers  which  are  considered  by  the  health  authority 
as  being  contaminated  shall  l)e  disinfected. 

5.  The  parts  of  the  vessel  which  have  been  occupied  by  persons 
stricken  with  plague  or  which  are  considered  by  the  health  authority 
as  being  contaminated  shall  be  disinfected. 

6.  The  destruction  of  the  rats  on  the  vessel  shall  take  place  before 
or  after  the  discharge  of  the  cargo,  avoiding  injuiy^  to  the  cargo,  the 
platings,  and  the  engines  as  far  as  possible.  The  operation  shall  be 
performed  as  soon  and  as  quickly  as  possible,  and  shall  not  in  any 
event  last  over  forty-eight  hours. 

In  the  case  of  vessels  in  ballast,  this  operation  shall  be  performed 
as  soon  as  possible  before  taking  on  cargo. 

<»  By  "observation"  is  nipnnt  the  isohition  of  the  passpiisjers,  either  on  boni'd 
a  vessel  or  at  ji  sanitary  station,  before  they  are  granted  pratique. 

^  By  "surveillance"  is  meant  that  the  passengers  are  not  isolated  and  that 
they  immediately  obtain  pratique,  but  that  the  attention  of  the  authorities  Is 
called  to  tliem  wherever  they  go  and  that  they  are  subjected  to  a  medical  exami- 
nation to  ascertain  the  state  of  their  health. 

''The  term  "crew"  is  applied  to  all  persons  who  form  or  have  formed  part 
of  the  crew  or  of  the  servants  on  board  the  vessel,  including  stewards,  waiters, 
"cafedji,"  etc.  The  term  is  to  be  construed  in  this  sense  wherever  employed  in 
tlie  present  Convention. 


405 

Art.  2.3.  Vessels  suspected  of  plague  shall  be  subjected  to  the  meas- 
nres  indicated  under  Nos.  1,  4.  5,  and  G  of  article  22. 

Moreover,  the  crew  and  passengers  may  be  subjected  to  a  surveil- 
lance not  to  exceed  five  days  fronn  the  arrival  of  the  vessel.  The 
landing  of  the  crew  may  be  forbidden  during  the  same  period  except 
in  connection  with  the  service. 

Akt.  24.  Vessels  uninfected  with  plague  shall  be  granted  pratique 
immediately,  whatever  be  the  nature  of  their  bill  of  health. 

The  only  measures  which  the  authority  of  the  port  of  arrival  may 
prescribe  with  regard  to  them  shall  be  the  following: 

1.  Medical  inspection. 

2.  Disinfection  of  the  soiled  linen,  wearing  apparel,  and  other  arti- 
cles of  the  crew  and  passengers,  but  only  in  exceptional  cases  when 
the  health  authority  has  special  reason  to  believe  that  they  are  con- 
taminated. 

3.  Although  the  measure  should  not  be  laid  down  as  a  general  rule, 
the  health  authority  may  subject  vessels  coming  from  a  contaminated 
port  to  an  operation  designed  to  destroy  the  rats  on  l)oard.  either 
before  or  after  the  discharge  of  the  cargo.  This  operation  should 
take  place  as  soon  and  as  quickly  as  possible  and  should  not  in  any 
event  last  more  than  twent^'-four  hours,  avoiding  hindrance  to  the 
movement  of  the  passengers  and  crew  between  the  vessel  and  the  shore 
and,  as  far  as  possible,  injury  to  the  cargo,  plating,  and  engines. 

The  crew  and  passengers  may  be  subjected  to  a  surveillance  not  to 
exceed  five  days  from  the  date  on  which  the  vessel  left  the  contami- 
nated port.  The  landing  of  the  crew  may  also  be  forbidden  during 
the  same  time  except  in  connection  with  the  service. 

The  competent  authority  of  the  port  of  arrival  may  always  demand 
an  affidavit  from  the  ship's  physician,  or  in  defajilt  of  such  physician, 
from  the  captain,  to  the  effect  that  there  has  not  been  a  case  of  plague 
on  the  vessel  since  its  departure  and  that  no  unusual  mortality  among 
the  rats  has  been  observed. 

Art.  25.  When  rats  have  been  recognized  as  plague-stricken  on 
board  an  uninfected  vessel  as  a  result  of  a  bacteriological  examina- 
tion, or  when  an  unusual  mortality  has  been  discoA^ered  among  these 
rodents,  the  following  measures  shall  be  applied : 

I.  Vessels  with  plague-stricken  rats: 

a)  Medical  inspection. 

b)  The  rats  shall  be  destroyed  either  before  or  after  the  discharge 
of  the  cargo,  avoiding  injury,  as  far  as  possible,  to  the  cargo,  plating, 
and  engines.  On  vessels  in  ballast  this  operation  shall  be  performed 
as  soon  and  as  quickly  as  possible  and  at  all  events  before  taking  on 
cargo. 

c)  The  parts  of  the  vessel  and  the  articles  which  the  health  au- 
thority considers  to  be  contaminated  shall  be  disinfected. 

d)  The  passengers  and  creAv  maj'^  be  subjected  to  a  surveillance 
whose  duration  shall  not  exceed  five  days  from  the  date  of  arrival. 

II.  Vessels  on  which  an  unusual  mortality  among  rats  is  dis- 
covered : 

a)  Medical  inspection. 

b)  An  examination  of  the  rats  with  regard  to  the  plague  shall  be 
made  as  far  and  as  quickly  as  possible. 


406 

c)  If  the  destruction  of  the  rats  is  deemed  necessary,  it  shall  take 
place  uiider  the  conditions  indicated  above  for  vessels  with  plague- 
stricken  rats. 

d)  Until  all  suspicion  is  removed,  the  passengers  and  crew  may  be 
subjected  to  a  surveillance  whose  duration  shall  not  exceed  five  days 
from  the  date  of  arrival. 

Art.  2G,  It  is  recommended  that  vessels  be  periodiciilly  rid  of  their 
rats,  the  operation  to  take  place  at  least  once  every  six  months.  The 
health  officer  of  the  port  in  which  the  rat  ridding  ojxn-ation  is  per- 
formed shall  deliver  to  the  captain,  owner,  or  agent,  whenever  request 
is  made  therefor,  a  certificate  showing  the  date  of  the  operation,  the 
port  where  it  was  performed,  and  the  method  employed. 

It  is  recommended  that  the  health  authorities  of  ports  at  which 
vessels  stop  which  practice  periodical  rat  ridding  keep  account  of  the 
aforementioned  certificates  in  determining  the  measures  to  be  taken, 
especially  as  regards  the  provisions  of  No.  3  of  the  2d  paragraph  of 
article  24. 

C.    MEASURES    CONCERNING    CHOLERA. 

Art.  27.  Vessels  infected  with  cholera  shall  be  subjected  to  the 
following  measures : 

1.  Medical  inspection. 

2.  The  patients  shall  be  immediately  landed  and  isolated. 

3.  The  other  persons  shall  likewise  be  landed  and  subjected,  from 
the  date  of  arrival  of  the  vessel,  to  an  observation  or  a  surveillance 
whose  duration  shall  vary  according  to  the  sanitary  condition  of  the 
vessel  and  the  date  of  the  last  case,  without,  however,  exceeding  five 
days;  provided  this  period  is  not  exceeded,  the  medical  authority 
may  proceed  to  make  a  bacteriological  examination  as  far  as  neces- 
sary. 

4.  The  soiled  linen,  wearing  apparel,  and  other  articles  of  the  crew 
and  passengers  which  are  considered  by  the  health  authority  of  the 
port  as  Ijeing  contaminated  shall  be  disinfected! 

5.  The  parts  of  the  vessel  which  have  been  occupied  by  cholera 
patients  or  which  are  considered  by  the  health  authority  as  being 
contaminated  shall  be  disinfected. 

6.  When  the  drinking  water  stored  on  board  is  considered  sus- 
picious, it  shall  be  turned  off,  after  being  disinfected,  and  replaced 
if  necessary  by  water  of  good  quality. 

The  health  authority  may  prohibit  turning  water  ballast  off  in 
ports  if  it  has  been  taken  on  in  a  contaminated  port,  unless  it  has  been 
previously  disinfected. 

-  It  may  be  forbidden  to  let  run  or  throw  human  dejections  or  the 
residuary  waters  of  the  vessel  into  the  waters  of  the  port,  unless  they 
are  first  disinfected. 

Art.  28.  Vessels  snspected  of  cholera  shall  be  subjected  to  the 
measures  prescribed  under  Nos.  1.  4,  5.  and  G  of  article  27. 

The  crew  and  passengers  may  be  subjected  to  a  surveillance  not  to 
exceed  five  days  from  the  arrival  of  the  vessel.  It  is  recommended 
that  the  landing  of  the  crew  be  prevented  during  the  same  period 
except  for  purposes  connected  with  the  service. 

Art.  29.  Vessels  uninfected  tcith  cholera  shall  be  granted  pratique 
immediately,  whatever  be  the  nature  of  their  bill  of  health. 


407 

The  on!)'  mefisures  to  whicli  tliev  may  be  siibjectefl  by  the  health 
authority  of  the  port  of  arrival  shall  be  those  provided  under  Nos. 
1,  4,  and  G  of  article  '27. 

The  health  authority  may  forbid  letting  water  ballast  oft'  in  ports 
if  it  has  been  taken  on  in  a  contaminated  port,  unless  it  has  been 
previously  disinfected. 

AVith  regard  to  the  state  of  their  health,  the  crew  and  passengers 
may  be  subjected  to  a  surveillance  not  to  exceed  five  days  from  the 
(late  on  which  the  vessel  left  the  contaminated  port. 

It  is  recommeniled  that  the  landing  of  the  crew  be  forbidden  dur- 
ing the  same  period  except  for  purposes  connected  with  the  service. 

The  competent  authority  of  the  port  of  arrival  may  always  demand 
an  affidavit  from  the  ship's  physician  or,  in  the  absence  of  such,  from 
the  captain,  to  the  eilect  that  there  has  not  been  a  case  of  cholera  on 
board  since  the  vessel  sailed. 

D.    MEASURES    CONCERNING    THE   YELLOW    FEVER. 

Art.  30.  Vessels  infected  with  yellow  fever  shall  be  subjected  to 
the  following  measures: 

1.  Medical  inspection. 

2.  The  patients  shall  be  landed  nnder  such  conditions  that  they 
will  be  protected  from  mosquito  bites,  and  duly  isolated. 

3.  The  other  persons  may  likewise  be  landed  and  subjected,  from 
the  date  of  arrival,  to  an  observation  or  surveillance  not  exceeding 
six  days. 

4.  Vessels  shall  anchor,  as  far  as  possible,  at  a  distance  of  200 
meters  from  the  shore. 

5.  If  possible,  the  mosquitos  on  board  shall  be  exterminated  be- 
fore the  cargo  is  discharged.  If  this  is  impossible,  all  necessary 
measures  shall  be  taken  in  order  that  the  persons  employed  in  dis- 
charging the  cargo  may  not  be  infected.  These  persons  shall  be  sub- 
jected to  a  surveillance  not  to  exceed  six  days  from  the  time  they 
cease  to  work  on  board. 

Art.  31.  Vessels  sus'pected  of  yellow  fever  shall  be  subjected  to  the 
measures  indicated  under  Nos.  1,  4,  and  5  of  the  preceding  article. 

Moreover,  the  crew  and  passengers  may  be  subjected  to  a  surveil- 
lance not  to  exceed  six  days  from  the  date  of  arrival  of  the  vessel. 

Art.  32.  Vessels  uninfected  with  yelloio  fever  shall  be  granted 
pratique  immediately  after  medical  inspection,  whatever  be  the 
nature  of  their  bill  of  health. 

Art.  33.  The  measures  contemplated  in  articles  30  and  31  do  not 
concern  the  countries  in  which  stegomya  exist.  In  other  countries 
they  shall  be  applied  to  the  extent  deemed  necessary  by  the  medical 
authorities. 

E.   PROVISIONS    COMMON    TO    ALL    THREE    DISEASES. 

Art.  34.  In  applying  the  measures  set  forth  in  articles  22  to  33, 
the  competent  authority  shall  take  into  account  the  presence  of  a 
]:)hysician  and  of  disinfecting  apparatuses  (chambers)  on  board  the 
vessels  of  the  three  categories  mentioned  above. 

In  regard  to  plague,  he  shall  likewise  take  into  account  the  instal- 
lation on  board  of  apparatus  for  the  destruction  of  rats. 


408 

The  health  authorities  of  nations  which  may  deem  it  suitable  to 
reach  an  undei-stanilin<^  on  this  point  may  excuse  from  the  medical 
inspection  and  other  measures  those  uninfected  vessels  which  have  on 
board  a  physician  specially  commissioned  by  their  country. 

Art.  35.  Special  measures,  especially  (as  regards  cholera)  a  bac- 
teriological examination,  may  be  prescribed  in  regard  to  any  vessel 
in  a  bad  hygienic  condition  or  crowded. 

Art.  3C).  Any  vessel  not  desiring  to  submit  to  the  obligations  im- 
posed bv  the  i)ort  authority  in  pursuance  of  the  stipulations  of  the 
present  convention  shall  be  free  to  i)ut  to  sea  again. 

It  may  be  permitted  to  land  its  cargo  after  the  necessary  precau- 
tions have  been  taken,  viz: 

1.  Isolation  of  the  vessel,  crew\  and  passengers. 

2.  In  regard  to  plague,  inquiry  as  to  the  existence  of  an  unusual 
mortality  amonor  the  rats. 

3.  In  regard  to  cholera,  the  substitution  of  good  water  in  place  of 
the  drinking  Avater  stored  on  board,  when  the  latter  is  considered 
suspick)us. 

It  may  also  be  permitted  to  land  passengers  who  so  request,  upon 
condition  that  they  submit  to  the  measures  prescribed  by  the  local 
authority. 

Art.  37.  Vessels  hailing  from  a  contaminated  port  and  which  have 
been  subjected  to  sanitary  measures  applied  in  an  efficient  manner 
in  a  port  belonging  to  one  of  the  contracting  countries,  shall  not 
undergo  the  same  measures  a  second  time  upon  their  arrival  in  a 
new  port,  wdiether  or  not  the  latter  belong  to  the  same  country, 
provided  no  incident  has  occurred  which  would  involve  the  applica- 
tion of  the  sanitary  measures  contemplated  hereinbefore,  and  pro- 
vided they  have  not  touched  at  a  contaminated  port. 

A  vessel  shall  not  be  considered  as  having  stopped  at  a  port  when, 
without  having  been  in  communication  with  the  shore,  it  lands  only 
passengers  and  their  baggage  and  the  mail,  or  takes  on  only  the 
mail,  or  passengers  with  or  without  baggage  who  have  not  communi- 
cated with  the  port  or  with  a  contaminated  area.  In  case  of  yellow 
fever,  the  vessel  must  besides  have  kept  away  from  shore  as  much  as 
possible,  and  at  a  distance  of  200  meters,  in  order  to  prevent  the 
invasion  of  mosquitos. 

Art.  38.  A  port  authority  who  applies  sanitary  measures  shall 
deliver  to  the  captain,  owner,  or  agent,  whenever  requested,  a  certifi- 
cate specifying  tlie  nature  of  the  measures  and  the  reasons  for  which 
they  have  been  ap])lied. 

Art.  39.  Passengers  arriving  on  an  infected  vessel  shall  have  a 
right  to  demand  a  certificate  of  the  health  authority  of  the  ])ort 
showing  the  date  of  their  arrival  and  the  measures  to  which  they 
and  their  baggage  have  been  subjected. 

Art.  40.  Coasting  vessels  shall  be  subjected  to  special  measures  to 
be  established  by  mutual  agreement  among  the  countries  concerned. 

Art.  41.  The  Governments  of  Riparian  Nations  on  the  same  sea 
may  conclude  special  agreements  among  themselves,  taking  into 
account  their  special  situations  and  in  order  to  render  more  effective 
and  less  annoying  the  application  of  the  sanitary  measures  provided 
by  the  Convention. 

Art.  42.  It  is  desirable  that  the  number  of  ports  provided  with  a 
sufficient  organization  and  equipment  to  receive  a  vessel,  whatever  be 


409 

her  sanitary  condition,  should,  in  the  case  of  each  Nation,  be  in  pro- 
2oor(ion  to  the  importance  of  traffic  and  navigation.  However,  and 
witlioiit  prejudice  to  the  rights  of  the  Govenunents  to  agree  on  or- 
ganizing conunon  sanitary  stations,  each  country  should  provide  at 
least  one  of  the  ports  on  the  coast  line  of  each  of  its  seas  with  such 
an  orga.iizat!^n  and  equipment. 

Moreover,  ic  is  recommentled  that  all  great  porti-^  of  niar'-'ime  navi- 
gation be  equipped  in  such  a  way  that  at  least  uninfected  vessels  may 
undergo  the  prescribed  sanitary  measures  therein  as  soon  as  they 
arrive  and  not  be  sent  to  another  port  for  this  purpose. 

The  (lovernments  shall  make  known  the  ports  which  are  open  in 
their  country  to  arrivals  from  ports  contaminated  with  plague, 
cholera,  and  yellow  fever,  and  particularly  those  which  are  open  to 
infected  or  suspicious  vessels. 

Art.  43,  It  is  recommended  that  there  be  established  in  large  mari- 
time ports : 

a)  A  regular  medical  service  of  the  port  and  a  permanent  medical 
surveillance  of  the  sanitary  conditions  of  the  crews  and  the  inhab- 
itants of  the  port. 

b)  Means  for  the  transportation  of  patients  and  places  set  apart 
for  their  isolation  and  for  the  observation  of  suspected  persons. 

c)  The  necessary  plants  for  efficient  disinfection,  and  bacterio- 
logical laboratories. 

d)  A  supply  of  drinking  water  beyond  suspicion  for  the  use  of 
the  port,  and  a  system  affording  all  possible  security  for  carrying  off 
refuge  and  sewage. 

Art.  44.  It  is  also  recommended  that  the  Contracting  Nations  take 
into  account,  in  tlie  treatment  to  be  accorded  the  arrivals  from  a  coun- 
tr}^,  the  measures  taken  by  the  latter  for  combating  infectious  diseases 
and  for  preventing  their  exportation. 

SECTION    IV.    MEASURES    ON    LAND    FRONTIERS TRAVELERS RAILROADS 

FRONTIER    ZONES RIVER    ROUTES. 

Art.  45.  No  land  quarantines  shall  be  established. 

Only  persons  showing  symptoms  of  plague,  cholera,  or  yellow  fever 
shall  be  detained  at  frontiers. 

This  rule  shall  not  bar  the  right  of  each  Nation  to  close  a  part  of 
its  frontiers  in  case  of  necessity. 

Art.  4C.  It  is  important  that  travellers  be  subjected  to  surveillance 
on  the  part  of  railroad  employees  with  a  view  to  determining  the 
state  of  their  health. 

Art.  47.  ISIedical  interference  shall  be  limited  to  an  examination 
of  the  passengers  and  the  care  to  be  given  to  the  sick.  If  such  an 
examination  is  made,  it  should  be  combined  as  far  as  possible  with 
the  custom  house  inspection  to  the  end  that  travelers  may  be  de- 
tained as  short  a  time  as  possible.  Only  persons  who  are  obviously 
ill  shall  be  subjected  to  a  thorough  medical  examination. 

Art.  48.  As  soon  as  travelers  coming  from  an  infected  locality  shall 
have  arrived  at  their  destination,  it  would  be  of  the  greatest  utility 
to  subject  them  to  a  surveillance  which  ought  not  to  exceed,  counting 
from  the  date  of  departure,  five  days  in  case  of  plague  or  cholera 
and  six  days  in  case  of  yellow  fever. 


410 

Art.  49.  The  Governments  reserve  the  right  to  take  special  meas- 
ures in  refrard  to  certain  categories  of  persons,  notably  gypsies,  vaga- 
bonds, emigrants,  and  persons  traveling  or  crossing  the  frontier  in 
troops. 

Art.  50.  Cars  used  for  the  conveyance  of  passengers,  mail,  and  bag- 
gage shall  not  be  detained  at  frontiers. 

If  it  should  happen  that  one  of  these  cars  is  contaminated  or  has 
been  occupied  by  a  plague  or  cholera  patient,  it  shall  be  detached 
from  the  train  and  disinfected  as  soon  as  possible. 

The  same  rule  shall  apply  to  freight  cars. 

Art.  51.  The  measures  concerning  the  crossing  of  frontiers  by 
railroad  and  postal  employees  shall  be  determined  by  the  companies 
or  departments  concerned  and  shall  be  so  arranged  as  not  to  hinder 
the  service. 

Art.  52.  The  regulation  of  frontier  traffic  and  questions  pertain- 
ing thereto,  as  well  as  the  adoption  of  exceptional  measures  of  sur- 
veillance, shall  be  left  to  special  arrangements  between  the  contigu- 
ous nations. 

Art.  53.  It  shall  be  the  province  of  the  Governments  of  the  ripa- 
rian Nations  to  regulate  the  sanitary  conditions  of  river  routes  by 
means  of  special  arrangements. 

Title  II.    Special  Provisions  Applicable  to  Oriental  and  Far 

Eastern  Countries. 

section  I.  measures  in  ports  contaminated  upon  the  departure 

OF   ^-ESSELS. 

Art.  54.  Every  person,  including  the  members  of  the  crew,  who 
takes  passage  on  board  a  vessel  shall,  at  the  time  of  emliarcation.  be 
examined  individually  in  the  da3''time  on  shore,  for  the  necessary 
length  of  time,  by  a  ph^^sician  delegated  by  the  public  authority. 
The  consular  authority  of  the  nation  to  which  the  vessel  belongs 
may  be  present  at  this  examination. 

As  an  exception  to  this  stipulation,  the  medical  examination  may 
take  place  on  shipboard  at  Alexandria  and  Port  Said,  when  the 
local  health  authority  deems  it  expedient,  provided  that  the  third- 
class  passengers  shall  not  be  permitted  to  leave  the  vessel.  This 
medical  examination  may  be  made  at  night  in  the  case  of  first  and 
second  class  passengers  but  not  of  third-class  passengers. 

SECTION  II.  MEASURES  WITH  RESPECT  TO  ORDINARY  VESSELS  HAILING 
FROM  CONTAMINATED  NORTHERN  PORTS  AND  APPEARING  AT  THE 
ENTRANCE  OF  THE  SUEZ  CANAL  OR  IN  EGYPTIAN  PORTS. 

Art.  55.  Ordinary  uninfected  vessels  hailing  from  a  plague  or 
cholera  infected  port  of  Europe  or  the  basin  of  the  Mediterranean 
and  presenting  themselves  for  passage  through  the  Suez  Canal  shall 
l)e  allowed  to  pass  through  in  quarantine.  They  shall  continue  their 
route  under  observation  of  five  da^'s. 

Art.  56.  Ordinary  uninfected  vessels  wishing  to  make  a  landing 
in  Egypt  may  stop  at  Alexandria  or  Port  v'^aid.  where  the  passengers 
shall  complete  the  observation  period  of  five  days  either  on  ship- 
board or  in  a  sanitary  station,  according  to  the  decision  of  the  local 
health  authority. 


411 

Art.  57.  The  measures  to  which  infected  or  suspected  vessels  shall 
he  suhjocted  which  hail  from  a  pla<rue  or  cholera  infected  port  of 
Europe  or  the  shores  of  tlie  Mediterranean,  and  which  ck'sire  to 
effect  a  landing  in  one  of  the  Egyptian  ports  or  to  pass  through  the 
Suez  Canal,  shall  be  determined  by  the  Board  of  Health  of  Egypt 
in  conformity  with  the  stipulations  of  the  present  Convention. 

The  regulations  containing  these  measures  shall,  in  order  to 
become  effective,  be  accepted  by  the  various  Powers  represented  on 
the  Board;  they  shall  determine  the  measures  to  which  vessels,  pas- 
sengers, and  merchandise  ar(>  to  be  subjected  and  shall  be  presented 
within  the  shortest  possible  period. 

SECTION   III.    MEASURES  IN   THE   RED   SEA. 

A.    MEASURES    WITH   RESPECT   TO   OKDINARY   VESSELS    HAILING    FROM    THE   SOUTH    AND 
APPEARING   IN   PORTS   OF   THE  RED   SEA  OR   BOUND   TOWARD   THE   MEDITERRANEAN. 

Art.  58.  Independently  of  the  general  provisions  contained  in 
Section  III,  Chapter  2,  Title  I,  concerning  the  classification  of  and 
the  measures  applicable  to  infected,  suspected,  or  uninfected  vessels, 
the  special  provisions  contained  in  the  ensuing  articles  are  applicable 
to  ordinary  vessels  coming  from  the  south  and  entering  the  Red  Sea. 

Art.  59.  Utiinfected  vessels  must  have  completed  or  shall  be  re- 
quired to  complete  an  observation  period  of  five  full  days  from  the 
time  of  their  departure  from  the  last  infected  port. 

They  shall  be  allowed  to  pass  through  the  Suez  Canal  in  quaran- 
tine and  shall  enter  the  Mediterannean  continuing  the  aforesaid  ob- 
servation period  of  five  days.  Ships  having  a  physician  and  a  dis- 
infecting chamber  on  board  shall  not  undergo  clisinfection  until  the 
passage  through  in  quarantine  begins. 

Art.  go.  Suspected  vessels  shall  be  treated  differently  according 
to  whether  they  have  a  physician  and  a  disinfecting  apparatus 
(chamber)  on  board  or  not. 

a)  Vessels  having  a  physician  and  a  disinfecting  apparatus  (cham- 
ber) on  board  and  fulfilling  the  necessary  conditions  shall  be  per- 
mitted to  pass  through  the  Suez  Canal  in  quarantine  under  condi- 
tions prescribed  by  the  regulations  for  the  passage  through. 

b)  Other  suspected  vessels  having  neither  physician  nor  disin- 
fecting apparatus  (chamber)  on  board  shall,  before  being  permitted 
to  pass  through  in  quarantine,  be  detained  at  Suez  or  ]\loses  Spring 
a  sullicient  length  of  time  to  carry  out  the  disinfecting  measures  pre- 
scribed and  to  ascertain  the  sanitary  condition  of  the  vessel. 

In  the  case  of  mail  vessels  or  of  packets  specially  utilized  for  the 
transportation  of  passengers  and  having  no  disinfecting  apparatus 
(chamber)  but  having  a  physician  on  board,  if  the  last  case  of  plague 
or  cholera  dates  back  longer  than  seven  days  and  if  the  sanitary  con- 
dition of  the  vessel  is  satisfactory,  ])ratique  may  be  granted  at  Suez 
when  the  operations  prescribed  by  the  regulations  are  completed. 

When  a  vessel  has  had  a  run  of  less  than  seven  days  without  infec- 
tion, the  passengers  bound  for  Egypt  shall  be  landed  at  an  estab- 
lishment designated  by  the  Board  of  Health  of  Alexandria  and 
isolated  a  sufficient  length  of  time  to  complete  the  observation  period 
of  five  days.  Their  soiled  linen  and  wearing  apparel  shall  be  disin- 
fected.    They  shall  then  receive  pratique. 


412 

Vessels  having  had  a  run  of  less  than  seven  days  without  infection 
and  desiring  to  obtain  pratique  in  Egypt  shall  be  detained  in  an 
establishment  designated  by  the  Board  of  Health  of  Alexandria  for 
a  sufficient  length  of  time  to  complete  the  observation  period  of  five 
days.  They  shall  undergo  the  measures  prescribed  for  infected 
vessels. 

When  the  plague  or  cholera  has  appeared  exclusivelv  among  the 
crew,  only  the  soiled  linen  of  the  latter  shall  be  disinfected,  but  it 
shall  all  be  disinfected,  including  that  in  the  living  quarters  of  the 
crew. 

Art.  61.  Infected  vessels  are  divided  into  vessels  with  a  physi- 
cian and  a  disinfecting  apparatus  (chamber)  on  board,  and  vessels 
without  a  physician  and  a  disinfecting  apparatus  (chamber). 

(a)  Vessels  without  a  physician  and  a  disinfecting  apparatus 
(chamber)  shall  be  stopped  at  Moses  Spring;"  persons  showing  symp- 
toms of  plague  or  cholera  shall  be  landed  and  isolated  in  a  hospital. 
The  disinfection  shall  be  carried  out  in  a  thorough  manner.  The 
other  passengers  shall  be  landed  and  isolated  in  groups  composed  of 
as  few  persons  as  possible,  so  that  the  whole  number  may  not  be 
infected  by  a  particular  group  if  the  plague  or  cholera  should  de- 
velop. The  soiled  linen,  wearing  ap])arel.  and  clothing  of  the  crew 
and  passengers,  as  well  as  the  vessel,  shall  be  disinfected. 

It  is  to  be  distinctly  understood  that  there  shall  be  no  discharge  of 
cargo  but  simply  a  disinfection  of  the  part  of  the  vessel  which  has 
been  infected. 

The  passengers  shall  remain  for  five  days  in  an  establishment 
designated  by  the  Sanitar}^  Maritime,  and  Quarantine  Board  of 
Egypt.  When  the  cases  of  plague  or  cholera  date  back  several  days, 
the  length  of  the  isolation  shall  be  diminished.  This  length  shall 
vary  according  to  the  date  of  the  cure,  death,  or  isolation  of  the  last 
patient.  Thus,  when  the  last  case  of  plague  or  cholera  has  termi- 
nated six  days  before  by  a  cure  or  death,  or  when  the  last  patient  has 
been  isolated  for  six  days,  the  observation  shall  last  one  day ;  if  only 
five  days  have  elapsed,  the  observation  period  sliall  be  two  days;  if 
only  four  days  have  elap.sed,  the  observation  period  shall  be  three 
days;  if  only  three  days  have  elapsed,  the  observation  period  shall 
be  four  daj-s;  and  if  only  two  days  or  one  di\y  has  elapsed,  the  ob- 
servation period  shall  be  five  days. 

b) Vessels  with  a  phj^sician  and  a  disinfecting  apparatus  (cham- 
l)er)  on  board  shall  be  stopped  at  Moses  Spring.  Fhe  ship's  physi- 
cian must  declare,  under  oath,  what  persons  on  board  show  symptoms 
of  plague  or  cholera.     These  patients  shall  be  landed  and  isolated. 

After  the  landing  of  these  patients,  the  soiled  linen  of  the  rest  of 
the  passengers  which  the  health  authority  may  consider  dangerous, 
as  well  as  that  of  the  crew,  shall  undergo  disinfection  on  board. 

When  plague  or  cholera  shall  have  ai)peared  exclusively  among 
the  crew,  the  disinfection  of  the  linen  shall  be  limited  to  the  soiled 
linen  of  the  crew  and  the  linen  of  the  living  apartments  of  the  crew. 

The  ship's  physician  shall  indicate  also,  mider  oath,  the  part  or 
compartment  of  the  vessel  and  the  section  of  the  hospital  in  which 
the  patient  or  patients  have  been  transported.     He  shall  also  declare, 

"The  patients  shall  as  far  as  possible  be  landed  at  Moses  Spring.  The  other 
persons  may  undergo  the  observation  in  a  sanitary  station  designated  by  the 
Sanitary,  Maritime,  and  Quarantine  Board  of  Egypt  (pilotB'  lazaretto). 


413 

under  oath,  what  persons  have  been  in  contact  with  the  pla<^ue  or 
cholera  patient  since  the  lirst  manifestation  of  the  disease,  either  di- 
rectly or  thr()ii<>h  contact  with  objects  which  mit^ht  be  contaminated. 
Such  persons  alone  shall  be  considered  as  suspects. 

The  part  or  compai-trnent  of  the  vessel  and  the  section  of  the  hos- 
pital in  which  the  patient  or  patients  have  been  transported  shall  be 
thoroii^tily  disinfected.  By  "  part  of  the  ship  "  shall  be  meant  the 
cabin  of  the  patient,  the  nei<^hborin«j^  cabins,  the  corridor  on  which 
these  cabins  are  located,  the  deck,  and  the  parts  of  the  deck  where 
the  patients  have  been. 

If  it  is  impossible  to  disinfect  the  part  or  coinjjartment  of  the 
vessel  which  has  been  occupied  by  the  persons  stricken  with  plague 
or  cholera  without  landing-  the  persons  declared  suspects,  these  per- 
sons shall  be  either  placed  in  another  vessel  specially  designated  for 
this  purpose  or  landed  and  lodged  in  the  sanitary  establishment 
without  coming  in  contact  with  the  patients,  who  shall  be  placed  in 
the  hos])ital. 

The  duration  of  this  stay  on  the  vessel  or  on  shore  shall  be  as 
short  as  possible  and  shall  not  exceed  twenty-four  hours. 

The  suspects  shall  undergo,  either  on  their  vessel  or  on  the  vessel 
designated  for  this  pur])ose.  an  observation  period  whose  duration 
shall  vary  according  to  the  cases  and  under  tlie  conditions  provided 
in  the  third  paragraph  of  subdivision  a). 

The  time  taken  up  by  the  prescribed  operations  shall  be  comprised 
in  the  duration  of  the  observation  period. 

The  passage  through  in  quarantine  may  be  allowed  before  the 
expiration  of  the  periods  indicated  above  if  the  health  authority 
deems  it  possible.  It  shall  at  all  events  be  granted  when  the  disin- 
fection has  been  completed,  if  the  vessel  leaves  behind  not  only  its 
patients  but  also  the  persons  indicated  above  as  "suspects." 

A  disinfecting  chamber  placed  on  a  lighter  may  come  alongside  the 
vessel  in  order  to  expedite  the  disinfecting  operations. 

Infected  vessels  requesting  pratique  in  Egypt  shall  be  detained  at 
Moses  Spring  five  days;  they  shall,  moreover,  undergo  the  same 
measures  as  those  adopted  for  infected  vessels  arriving  in  Europe. 

B.    MEASURES    WITH    KESPECT    TO    ORDINARY    VESSELS    HAILING    FROM    THE    INFECTED 
PORTS  OF   IIED.TAZ  DURING  THE  PILGRIMAGE   SEASON. 

Art.  G2.  If  plague  or  cholera  prevails  in  Hedjaz  during  the  time 
of  the  Mecca  pilgrimage,  vessels  coming  from  the  Hedjaz  or  from 
any  other  part  of  the  Arabian  coast  of  the  Red  Sea  without  having 
embarked  there  any  pilgrims  or  similar  masses  of  persons,  and  which 
have  not  had  any  suspicious  occurrence  on  board  during  the  voyage, 
shall  be  placed  in  the  category  of  ordinary  suspected  vessels.  They 
shall  be  subjected  to  the  jDreventive  measures  and  to  the  treatment 
imposed  on  such  vessels. 

If  they  are  bound  for  Egypt  they  shall  undergo,  in  a  sanitary 
establishment  designated  by  the  Sanitary,  Maritime,  and  Quarantine 
Board,  an  observation  of  five  days  from  the  date  of  departure  for 
cholera  as  well  as  for  plague.  They  shall  be  subjected,  moreover,  to 
all  the  measures  prescribed  for  suspected  vessels  (disinfection,  etc.). 
and  shall  not  be  granted  pratique  until  they  have  passed  a  favorable 
medical  examination. 


414 

It  shall  be  understood  that  if  the  vessels  have  had  suspicious  occur- 
rences durino-  the  voyao:e  they  shall  pass  the  observation  period  at 
Moses  Spring,  which  shall  last  five  days  Nvhether  it  be  a  question  of 
plague  or  cholera. 

SECTION  IV.    ORGANIZATION  OF  SU^'EILLANCE  AND  DISINFECTION  AT  SUEZ 

AND  MOSES  SPRING. 

Art,  63.  The  medical  inspection  prescribed  by  the  regulations  shall 
be  made  on  each  vessel  arriving  at  Suez  by  one  or  more  of  the  physi- 
cians of  the  station,  being  made  in  the  daytime  on  vessels  hailing 
from  ports  infected  with  plague  or  cholera.  It  may,  however,  be 
made  at  night  on  vessels  which  come  to  pass  through  the  canal,  pro- 
vided they  are  lit  by  electricity  and  whenever  the  local  health  author- 
ity is  satisfied  that  the  lighting  facilities  are  adequate. 

Art.  64.  The  physicians  of  the  Suez  station  shall  be  at  least  seven 
in  number — one  chief  physician  and  six  others.  They  must  possess 
a  regular  diploma  and  shall  be  chosen  preferably  from  among  physi- 
cians who  have  made  special  practical  studies  in  epidemiology  and 
bacteriology.  They  shall  be  appointed  by  the  Minister  of  the  Inte- 
rior upon  the  recommendation  of  the  SanitaiT,  Maritime,  and  Quar- 
antine Board  of  Egypt.  They  shall  receive  a  salary  to  begin  at  8,000 
francs  and  which  may  progressively  rise  to  12,000  francs  for  the  six 
physicians,  and  vary  from  12,000  to  15,000  francs  for  the  chief 
physician. 

If  the  medical  service  should  still  prove  inadequate,  recourse  may 
be  had  to  the  surgeons  of  the  navies  of  the  several  nations,  who  shall 
be  placed  under  the  authority  of  the  chief  physician  of  the  sanitary 
station. 

Art.  65.  A  corps  of  sanitary  guards  shall  be  intrusted  with  the 
surveillance  and  execution  of  the  prophylactic  measures  applied  in 
the  Suez  Canal,  at  the  establishment  at  Moses  Spring,  and  at  Tor. 

Art.  66.  This  corps  shall  comprise  ten  guards. 

It  shall  be  recruited  from  among  former  noncommissioned  officers 
of  the  European  and  P^gyptian  armies  and  navies. 

After  their  competence  has  been  ascertained  by  the  Board,  the 
guards  shall  be  appointed  in  the  manner  provided  by  article  14  of 
the  Khedival  decree  of  June  19,  1893. 

Art.  67.  The  guards  shall  be  divided  into  two  classes,  the  first 
comprising  four  and  the  second  six  guards. 

Art.  68.  The  annual  compensation  allowed  the  guards  shall  be: 

For  the  first  class,  from  £160  Eg.  to  £200  Eg. ; 

For  the  second  class,  from  £120  Eg.  to  £168  Eg. ; 

With  a  progressive  increase  until  the  maximum  is  reached. 

Art.  69.  The  guards  shall  be  invested  with  the  character  of  officers 
of  the  public  peace,  with  the  right  to  call  for  assistance  in  case  of 
infractions  of  the  sanitary  regulations. 

They  shall  be  placed  under  the  immediate  orders  of  the  Director  of 
the  Suez  or  the  Tor  Bureau. 

SECTION   V.    PASSAGE  THROUGH  THE  SUEZ   CANAL  IN   QUARANTINE. 

Art.  70.  The  health  authority  of  Suez  shall  grant  the  i^assage 
through  in  quarantine,  and  the  Board  shall  be  immediately  informed 
thereof. 


415 

Doubtful  cases  shall  be  decided  by  the  Board, 

Art.  71.  As  soon  as  the  permit  provided  for  in  the  preceding  ar- 
ticle is  granted,  a  telegram  shall  be  sent  to  the  authority  designated 
by  each  Power,  the  dispatch  of  the  telegram  being  at  the  expense  of 
the  vessel. 

Art.  72.  Each  Power  shall  establish  penalties  against  vessels  which 
abandon  the  route  indicated  by  the  captain  and  unduly  approach 
one  of  the  ports  within  its  territory,  cases  of  vis  major  and  enforced 
sojourn  being  excepted. 

Art.  7;J.  Upon  a  vessel's  being  spoken,  the  captain  sliall  be  obliged 
to  declare  whether  he  has  on  board  any  gangs  of  native  stokers  or 
of  wage-earning  employees  of  any  description  who  are  not  inscribed 
on  the  crew  list  or  the  register  kept  for  this  purpose. 

The  following  questions  in  particular  shall  be  asked  the  captains 
of  all  vessels  arriving  at  Suez  from  the  south,  and  shall  be  answered 
under  oath : 

"  Have  you  any  helpers  (stokers  or  other  workmen)  not  inscribed 
on  your  crew  list  or  on  the  special  register?  What  is  their  nation- 
ality ?     TNHiere  did  you  embark  them  ?  " 

The  sanitary  ph3^sicians  should  ascertain  the  presence  of  these 
he]])ers  and  if  they  discover  that  any  of  them  are  missing  they  should 
carefully  seek  the  cause  of  their  absence. 

Art.  74.  A  health  officer  and  two  sanitary  guards  shall  board  the 
vessel  and  accompany  her  to  Port  Said.  Their  duty  shall  be  to  pre- 
vent communications  and  see  to  the  execution  of  the  prescribed  meas- 
ures during  the  passage  through  the  canal. 

Art.  75.  All  embarkations,  landings,  and  transshipments  of  pas- 
sengers or  cargo  are  forbidden  during  the  passage  through  the  Suez 
Canal  to  Port  Said. 

However,  passengers  may  embark  at  Port  Said  in  quarantine. 

Art.  76.  Vessels  passing  through  in  quarantine  shall  make  the  trip 
from  Suez  to  Port  Said  without  putting  into  dock. 

In  case  of  stranding  or  of  being  compelled  to  put  into  dock,  the 
necessary  operations  shall  be  performed  by  the  personnel  on  board, 
all  communications  with  the  emplo3^ees  of  the  Suez  Canal  Company 
being  avoided. 

Art.  77.  When  troops  are  conveyed  through  the  canal  on  sus- 
picious or  infected  vessels  passing  through  in  quarantine,  the  trip 
shall  be  made  in  the  daytime  only.  If  it  is  necessary  to  stop  at  night 
in  the  canal,  the  vessels  shall  anchor  in  Lake  Timsah  or  the  Great 
Lake. 

Art.  78.  Vessels  passing  through  in  quarantine  are  forbidden  to 
stop  in  the  harbor  of  Port  Said  except  in  the  cases  contemplated  in 
articles  75  (paragraph  2)  and  75. 

The  supply  and  preparation  of  food  on  board  vessels  shall  be 
effected  with  the  means  at  hand  on  the  vessels. 

Stevedores  or  any  other  persons  who  may  have  gone  on  board 
shall  be  isoteted  on  the  quarantine  lighter.  Their  clothing  shall 
there  undergo  disinfection  as  per  regulations. 

Art.  79.  When  it  is  absolutely  necessary  for  vessels  passing  through 
in  quarantine  to  take  on  coal  at  Port  Said,  they  shall  perform  this 
operation  in  a  locality  affording  the  necessary  facilities  for  isolation 
and  sanitary  surveillance,  to  be  selected  by  the  Board  of  Health. 
When  it  is  possible  to  maintain  a  strict  supervision  on  board  the  ves- 


416 

sel  and  to  prevent  all  contact  with  the  persons  on  board,  the  coaling 
of  the  vessel  by  the  workmen  of  the  port  may  be  pormittei.  At  ni<:;ht 
the  place  where  the  coaling  is  done  should  be  illuminated  by  electric 
lights. 

Art.  80.  The  pilots,  electricians,  agents  of  the  Company,  and  sani- 
tary guards  shall  be  put  otf  at  Port  Said  outside  of  the  port  between 
the  jetties  and  thence  conducted  directly  to  the  quarantine  lighter, 
where  their  clothing  shall  undergo  disinfection  when  deemed  neces- 
sary. 

Art.  81.  The  war  vessels  hereinafter  specified  shall  enjoy  the  ben- 
efits of  the  following  provisions  when  passing  through  the  Suez 
Canal : 

Tliey  shall  be  recognized  by  the  quarantine  a  ahority  as  uninfected 
upon  the  production  of  a  certificate  issued  by  the  physicians  on  board, 
countersigned  by  the  commanding  ofKcer,  and  affirming  under  oath; 

a)  That  there  has  not  been  any  case  of  plague  or  cholera  on  board 
either  at  the  time  of  departure  or  during  the  passage. 

b)  That  a  careful  examination  of  all  persons  on  board,  without 
any  exception,  has  been  made  less  than  twelve  hours  before  the  arrival 
in  the  Egyptian  port,  and  that  it  revealed  no  case  of  these  diseases. 

These  vessels  shall  be  exempted  from  the  medical  examination  and 
immediately  receive  pratique,  provided  a  period  of  five  full  da3's  has 
elapsed  since  their  departure  from  the  last  infected  pon:. 

In  case  the  required  period  has  not  elapsed,  the  vessels  may  pass 
through  the  canal  in  quarantine  without  undergoing  the  medical  ex- 
amination, provided  they  present  the  above-mentioned  certificate  to 
the  quarantine  authorities. 

'J  he  quarantine  authorities  shall  nevertheless  have  a  right  to  cause 
their  agent-  to  jxrform  the  medical  examination  on  board  war  vt'S- 
sels  wheiu'\er  tiiey  deem  it  necessary. 

Suspicious  or  infected  war  vessels  shall  be  subjected  to  the  regu- 
lations in  force. 

Only  fighting  units  shall  be  considered  as  war  vessels,  transports 
and  hospital  ships  falling  under  the  category  of  ordinary  vessels. 

Art.  82.  The  Sanitary,  Maritime,  and  Quarantine  Board  of  Egypt 
is  authorized  to  organize  the  transit  through  Egyptian  territory  by 
rail  of  the  mails  and  ordinary  passengers  coming  from  infected  coun- 
tries in  quarantine  trains,  under  the  conditions  set  forth  in  Annex  I. 

SECTION  VI.    SANITARY   MEASLTIES  APPLICABLE  TO  THE  PERSIAN  GULF. 

Art.  83.  The  sanitary  regulation  established  by  the  articles  of  the 
present  Convention  shall  be  applied,  as  regards  vessels  entering  the 
Persian  Gulf,  by  the  health  authorities  of  the  ports  of  arrival. 

This  regulation  shall  be  subject  to  the  following  three  reservations 
with  respect  to  the  classification  of  the  vessels  and  to  the  measures 
to  be  applied  to  them  in  the  Persian  Gulf  : 

1.  The  surveillance  of  the  passengers  and  crew  shall  always  be 
superseded  by  an  observation  of  the  same  duration. 

2.  Uninfected  vessels  may  obtain  pratique  there  only  upon  condi- 
tion that  five  full  days  have  elapsed  since  the  time  of  their  departure 
from  the  last  infected  port. 


417 

3,  In  regard  to  suspected  vessels  the  period  of  five  days  for  the 
observation  of  the  crew  and  passengers  shall  begin  as  soon  as  there 
is  no  case  of  plague  or  cholera  on  board. 

TrrLE  III.  Provisions  Specially  Applicable  to  Pilgrimages. 
Chapter  I.  General  jyrovisions. 

Art.  84.  The  provisions  of  article  54  of  Title  II  are  applicable  to 
persons  and  objects  bound  for  Hedjaz  or  Irak  Aralu  and  who  are  to 
be  embarked  on  a  pilgrim  ship,  even  if  the  port  of  embarkation  is 
not  infected  with  plague  or  cholera. 

Art.  85.  AVhen  cases  of  plague  or  cholera  exist  in  the  port,  no  em- 
barkation shall  be  made  on  pilgrim  ships  until  after  the  persons, 
assembled  in  a  group,  have  been  subjected  to  an  observation  for  the 
purpose  of  ascertaining  that  none  of  them  is  stricken  with  plague  or 
cholera. 

It  shall  be  understood  that,  in  executing  this  measure,  each  Gov- 
ernment may  take  into  account  the  local  circumstances  and  possi- 
bilities. 

Art.  86.  If  local  circumstances  permit,  the  pilgrims  shall  be 
obliged  to  prove  that  they  possess  the  means  absolutely  necessary  to 
complete  the  pilgrimage,  especially  a  round-trip  ticket. 

Art.  87.  Steamships  shall  alone  be  permitted  to  engage  in  the 
long-voyage  transportation  of  pilgrims,  all  other  vessels  being  for- 
bidden to  engage  in  this  traffic. 

Art.  88.  Pilgrim  ships  engaged  in  coasting  trade  and  used  in  mak- 
ing the  conveyances  of  short  duration  called  "  coasting  trade  "  shall 
be  subject  to  the  provisions  contained  in  the  special  regulations  ap- 
plicable to  the  Hedjaz  pilgrimage,  which  shall  be  published  by  the 
Board  of  Health  of  Constantinople  in  accordance  with  the  principles 
enounced  in  the  present  Convention. 

Art.  89.  A  vessel  which  does  not  embark  a  greater  proportion  of 
pilgrims  of  the  lowest  class  than  one  per  hundred  tons'  gross  burden, 
in  addition  to  its  ordinary  passengers  (among  whom  pilgrims  of  the 
higher  class  may  be  included),  shall  not  be  considered  as  a  pilgrim 
ship. 

Art.  90.  Every  pilgrim  ship  situated  in  Ottoman  waters  must  con- 
form to  the  provisions  contained  in  the  special  regulations  applicable 
to  the  Hedjaz  pilgrimage,  which  shall  be  published  by  the  Board  of 
Health  of  Constantinople  in  accordance  with  the  principles  set  forth 
in  the  present  convention. 

Art.  91.  The  captain  shall  be  obliged  to  pay  all  the  sanitary  taxes 
collectible  from  the  pilgi'ims,  which  shall  be  comprised  in  the  price 
of  the  ticket. 

Art.  92.  As  far  as  possible,  the  pilgrims  who  land  or  embark  at 
the  sanitary  stations  should  not  come  in  contact  with  one  another  at 
the  points  of  debarkation. 

Tlie  pilgrims  who  are  landed  shall  be  sent  to  the  encampment  in  as 
small  groups  as  possible. 

They  must  be  furnished  with  good  drinking  water,  whether  it  is 
found  on  the  spot  or  obtained  by  distillation. 


418 

Art.  93.  "^Vhen  there  is  plao^ue  or  cholera  in  Hedjaz.  the  provisions 
carried  by  the  pilgrims  shall  be  destroyed  if  the  health  authority 
deems  it  necessary. 

Chapter  II.  Pilgi'iin  ships — Sanitary  arrangements, 

SECTION   I.    GENERAL  ARRANGEMENT  OF  \"ESSELS. 

Art,  94.  The  vessel  must  be  able  to  lodge  pilgrims  between  def'ks. 

Outside  of  the  crew,  the  vessel  shall  furnish  to  every  individual, 
whatever  be  his  age,  a  surface  of  1.5  square  meters  (16  English  square 
feet)  with  a  height  between  decks  of  about  1.8  meters. 

On  vessels  engaged  in  coasting  trade  each  pilgrim  shall  have  at 
his  disposal  a  space  of  at  least  2  meters  wide  along  the  gunwales  of 
the  vessel. 

Art.  95.  On  each  side  of  the  vessel,  on  deck,  there  shall  be  reserved 
a  place  screened  from  view  and  provided  with  a  hand  pump  so  as  to 
furnish  sea  water  for  the  needs  of  the  pilgrims.  One  such  place  shall 
be  reserved  exclusively  for  women. 

Art.  96.  In  addition  to  the  water  closets  for  the  use  of  the  crew, 
the  vessel  shall  be  provided  with  latrines  flushed  with  water  or  pro- 
vided with  a  stop  cock,  in  the  proportion  of  at  least  one  latrine  for 
every  100  persons  embarked. 

There  shall  be  latrines  reserved  exclusivelv  for  women. 

There  shall  be  no  water  closets  between  decks  or  within  the  hold. 

Art.  97.  The  vessel  shall  have  two  places  arranged  for  private 
cooking  by  the  pilgrims,  who  shall  be  forbidden  to  make  a  fire  else- 
where and  especially  on  deck. 

Art.  98.  Infirmaries  properly  arranged  with  regard  to  safety  and 
sanitary  conditions  shall  be  reserved  for  lodging  the  sick. 

They  shall  be  so  arranged  as  to  be  capable  of  isolating,  according 
to  the  kind  of  disease,  persons  stricken  with  transmissible  ailments. 

The  infirmaries  shall  be  able  to  receive  at  least  5  per  cent  of  the 
pilgrims  embarked,  allowing  at  least  3  square  kilometers  per  head. 

Art.  99.  Every  vessel  shall  have  on  board  the  medicines,  disin- 
fectants, and  articles  necessary  for  the  care  of  the  sick.  The  regula- 
tions made  for  this  kind  of  vessels  by  each  Government  shall  deter- 
mine the  nature  and  quantity  of  the  medicines."  The  care  and  the 
remedies  shall  be  furnished  free  of  charge  to  the  pilgrims. 

Art.  100.  Every  vessel  embarking  pilgrims  shall  have  on  board 
a  physician  holding  a  regular  diploma  and  commissioned  by  the 
Government  of  the  country  to  which  the  vessel  belongs  or  by  the 
Government  of  the  port  in  which  the  vessel  takes  pilgrims  on  board. 
A  second  physician  shall  be  embarked  as  soon  as  the  number  of 
pilgrims  carried  by  the  vessel  exceeds  one  thousand. 

Art.  101.  The  captain  shall  be  obliged  to  have  handbills  posted  on 
board  in  a  position  which  is  conspicuous  and  accessible  to  those  in- 
terested. They  shall  be  in  the  principal  languages  of  the  countries 
inhabited  by  the  pilgrims  embarked,  and  show: 

1.  The  destination  of  the  vessel. 

2.  The  price  of  the  tickets. 

"  It  is  desirable  that  each  vessel  be  provided  witb  the  principal  iniinunizing 
agents  (antiplague  serum,  HaffUine  vaccine,  etc.). 


419 

3.  The  daily  ration  of  water  and  food  allowed  to  each  pilf^rim. 

4.  A  price  list  of  victuals  not  comprised  in  the  daily  ration  and  to 
be  paid  for  extra. 

Art.  102.  The  heavy  ba<2:gage  of  the  pilgrims  shall  be  registered, 
numbered,  and  placed  in  the  hold.  The  pilgrims  shall  keep  with 
them  only  such  articles  as  are  absolutely  necessary,  the  regulations 
made  by  each  Government  for  its  vessels  determining  the  nature, 
quantity,  and  dimensions  thereof. 

Art.  103.  The  provisions  of  Chapters  I,  II  (sections  I,  II,  and 
III),  and  III  of  the  present  Title  shall  be  posted,  in  the  form  of 
regulations,  in  the  language  of  the  nationality  of  the  vessel  as  well 
as  in  the  principal  languages  of  the  countries  inhabited  by  the  pil- 
grims embarked,  in  a  censpicuous  and  accessible  place  on  each  deck 
and  between  decks  on  every  vessel  carrying  pilgrims. 

SECTION    II.    MEASURES  TO  BE  TAKEN   BEFORE  DEPARTURE. 

Art.  104.  At  least  three  days  before  departure  the  captain,  or  in 
the  absence  of  the  captain  the  owner  or  agent,  of  every  pilgrim  ship 
must  declare  his  intention  to  embark  pilgrims  to  the  competent  author- 
ity of  the  port  of  departure.  In  ports  of  call  the  captain,  or  in  the 
absence  of  the  captain  the  owner  or  agent,  of  every  pilgrim  ship  must 
make  this  same  declaration  twelve  hours  before  the  departure  of  the 
vessel.  This  declaration  must  indicate  the  intended  day  of  sailing 
and  the  destination  of  the  vessel. 

Art.  105.  Upon  the  declaration  prescribed  by  the  preceding  article 
being  made,  the  competent  authority  shall  proceed  to  the  inspection 
and  measurement  of  the  vessel  at  the  expense  of  the  captain.  The 
consular  officer  of  the  country  to  which  the  vessel  belongs  may  be 
present  at  this  inspection. 

The  inspection  only  shall  be  made  if  the  captain  is  already  provided 
with  a  certificate  of  measurement  issued  by  the  competent  authority 
of  his  country,  unless  it  is  suspected  that  the  document  no  longer  cor- 
responds to  the  a«»«tual  state  of  the  vessel." 

Art,  106.  The  competent  authority  shall  not  permit  the  departure 
of  a  pilgrim  ship  until  he  has  ascertained : 

a)  That  the  vessel  has  been  put  in  a  state  of  perfect  cleanliness 
and,  if  necessary,  disinfected. 

b)  That  the  vessel  is  fn  a  condition  to  undertake  the  voyage 
without  danger;  tl>at  it  is  properly  equipped,  arranged,  and  venti- 
lated; that  it  is  provided  with  an  adequate  number  of  small  boats; 
that  it  contains  nothing  on  board  which  is  or  might  become  detri- 
mental to  the  health  or  safety  of  the  passengers,  and  that  the  deck 
is  of  wood  or  of  iron  covered  with  wood. 

c)  That,  in  addition  to  the  provisions  for  the  crew,  there  are  pro- 
visions and  fuel  of  good  quality  on  board,  suitably  stored  and  in 
sufficient  quantity  for  all  the  pilgrims  and  for  the  entire  anticipated 
duration  of  the  voyage. 

"  The  competent  authority  is  at  present :  In  British  India,  an  officer  designated 
for  this  purpose  by  the  local  government  (Native  Passonger  Ships  Act.  1S87, 
Art.  7)  ;  in  Dutch  India,  the  harbormaster;  in  Turkey,  the  health  authority;  in 
Austria-Hungary,  the  port  authority;  in  Italy,  the  harbormaster;  in  France, 
Tunis,  and  Sp<iin,  the  health  authority;  in  Egypt,  the  quarantine  and  health 
authority,  etc. 

76844°— S  Doc.  1063,  62-63 28 


420 

d)  That  the  drinking  water  taken  on  board  is  of  good  quality  and 
from  a  source  protected  against  all  contamination:  that  there  is  a 
sufficient  quantity  thereof;  that  the  tanks  of  drinking  water  on  board 
are  protected  against  all  contamination  and  closed  in  such  a  way 
that  the  water  can  only  be  let  out  through  the  stop  cocks  or  pumps. 
The  devices  for  letting  water  out  called  "  suckers "  are  absolutely 
forbidden. 

e)  That  the  vessel  has  a  distilling  apparatus  capable  of  producing 
at  least  5  liters  of  water  per  head  each  day  for  every  person  em- 
barked, including  the  crew. 

f)  That  the  vessel  has  a  disinfecting  chamber  whose  safety  and 
efficiency  have  been  ascertained  by  the  health  authority  of  the  port 
of  embarkation  of  the  pilgrims. 

g)  That  the  crew  comprises  a  physician  holding  a  diploma  and 
commissioned "  either  by  the  Government  of  the  country  to  which 
the  vessel  belongs  or  by  the  Government  of  the  port  where  the  vessel 
takes  ou  pilgrims,  and  that  the  vessel  has  a  supply  of  medicines,  all 
in  conformity  with  articles  99  and  100. 

h)  That  the  deck  of  the  vessel  is  free  from  all  cargo  and  other 
incumbrances. 

i)  That  the  arrangements  of  the  vessel  are  such  that  the  measures 
prescribed  by  Section  III  hereinafter  may  be  executed. 

Aet.  107.  The  captain  shall  not  sail  until  he  has  in  his  possession: 

1.  A  list  viseed  by  the  competent  authority  and  showing  the  name, 
sex,  and  total  number  of  the  pilgrims  whom  he  is  authorized  to 
embark. 

2.  A  bill  of  health  setting  forth  the  name,  nationality,  and  tonnage 
of  the  vessel,  the  name  of  the  captain  and  of  the  physician,  the  exact 
number  of  persons  embarked  (crew,  joilgrims,  and  other  passengers), 
the  nature  of  the  cargo,  and  the  port  of  departure. 

The  competent  authority  shall  indicate  on  the  bill  of  health 
whether  the  number  of  pilgrims  allowed  by  the  regulations  is  reached 
or  not,  and,  in  case  it  is  not  reached,  the  additional  number  of  pas- 
sengers which  the  vessel  is  authorized  to  embark  in  subsequent  ports 
of  call. 

SECTION   III.    MEASURES   ro  BE  TAKEN  DURING  THE  PASSAGE. 

Art.  108.  The  deck  shall  remain  free  from  encumbering  objects 
during  the  voyage  and  shall  be  reserved  day  and  night  for  the  per- 
sons on  board  and  be  placed  gratuitously  at  their  service. 

Art.  109.  Every  day  the  space  between  decks  should  be  cleaned 
carefull}'  and  scrubbed  with  dry  sand  mixed  with  disinfectants  while 
the  pilgrims  are  on  deck. 

Art.  110.  The  latrines  intended  for  the  passengers  as  well  as  those 
for  the  crew  should  be  kept  neat  and  be  cleansed  and  disinfected 
three  times  a  day. 

Art.  111.  The  excretions  and  dejections  of  persons  showing  symp- 
toms of  plague  or  cholera  shall  be  collected  m  vessels  containing  a 
disinfecting  solution.  These  vessels  shall  be  emj^tied  into  the 
latrines,  wliich  shall  be  thoroughly  disinfected  after  each  flushing. 

Art.  112.  Articles  of  bedding,  carpets,  and  clothing  which  have 
been  in  contact  with  the  patients  mentioned  in  the  preceding  article 

o  Exception  is  made  for  governments  wliich  have  no  commissioned  physicians. 


421 

shall  be  immediately  disinfected.  The  observance  of  this  rule  is 
especially  enjoined  with  rejTard  to  the  clothino^  of  persons  who  come 
near  to  these  patients  and  who  may  have  beconio  contaminalod. 

Such  of  the  articles  menti<med  above  as  have  no  value  shall  be 
thrown  overboard,  if  the  vessel  is  neither  in  a  port  nor  a  canal,  or 
else  destroyed  by  fire.  The  others  shall  be  carried  to  the  disinfecting 
chamber  in  impermeable  sacks  washed  with  a  disinfectinfr  solution. 

Art.  113.  The  quarters  occupied  by  the  patients  and  referred  to 
in  article  98  shall  be  thoroughly  disinfected. 

Art.  114.  Pilgrim  ships  shall  be  compelled  to  submit  to  disinfect- 
ing ojiorations  in  conformity  with  the  regulations  in  force  on  the 
subject  in  the  country  whose  Hag  they  fiy. 

Ajrt.  115.  The  quantity  of  drinking  water  allowed  daily  to  each 
pilgrim  free  of  charge,  whatever  be  his  age,  shall  be  at  least  5  liters. 

Art.  110.  If  there  is  any  doubt  about  the  quality  of  the  drinking 
water  or  any  possibility  of  its  contamination  either  at  the  place  of 
its  origin  or  during  the  course  of  the  voyage,  the  water  shall  be 
boiled  or  otherwise  sterilised  and  the  captain  shall  be  obliged  to 
throw  it  overboard  at  the  first  port  in  which  a  stop  is  made  and  in 
which  he  is  able  to  procure  a  better  suppl3^ 

Art.  117.  The  physician  shall  examine  the  pilgrims,  attend  the 
patients,  and  see  that  the  rules  of  hygiene  are  observed  on  board. 
He  shall  especially : 

1.  Satisfy  himself  that  the  provisions  dealt  out  to  the  pilgrims  are 
of  good  quality,  that  their  quantity  is  in  conformity  with  the  obliga- 
tions assumed,  and  that  they  are  suitably  prepared. 

2.  Satisfy  himself  that  the  requirements  of  article  115  relative  to 
the  distribution  of  water  are  observed. 

3.  If  there  is  any  doubt  about  the  quality  of  the  drinking  water, 
remind  the  captain  in  writing  of  the  provisions  of  article  11(5. 

4.  Satisfy  himself  that  the  vessel  is  maintained  in  a  constant  state 
of  cleanliness,  and  especially  that  the  latrines  are  cleansed  in  ac- 
cordance with  the  provisions  of  article  110. 

5.  Satisfy  himself  that  the  lodgings  of  the  pilgrims  are  maintained 
in  a  healthful  condition,  and  tliat,  in  case  of  transmissible  disease, 
they  are  disinfected  in  conformity  with  articles  113  and  114. 

6.  Keep  a  diary  of  all  the  sanitary  incidents  occurring  during  the 
course  of  the  voyage  and  present  this  diary  to  the  competent  au- 
thority of  the  port  of  arrival. 

Art.  118.  The  persons  intrusted  with  the  care  of  the  plague  or 
cholera  patients  shall  alone  have  access  to  them  and  shall  have  no 
contact  with  the  other  persons  on  board. 

Art.  110.  In  case  of  a  death  occurring  during  the  voyage,  the 
captain  shall  make  note  of  the  death  opposite  the  name  on  the  list 
viseed  by  the  authority  of  the  port  of  departure,  besides  entering  on 
his  journal  the  name  of  the  deceased  person,  his  age,  where  he  comes 
from,  the  presumable  cause  of  his  death  according  to  the  physician's 
certificate,  and  the  date  of  the  death. 

In  case  of  death  by  a  transmissible  disease,  the  body  shall  be 
wrapped  in  a  shroud"  saturated  with  a  disinfecting  solution  and 
throw^n  overboard. 

Art.  120.  The  captain  shall  see  that  all  the  prophylactic  measures 
executed  during  the  voyage  are  recorded  in  the  ship's  journal.  This 
journal  shall  be  presented  to  him  by  the  competent  authority  of  the 
port  of  arrival. 


422 

In  each  port  of  call  the  captain  shall  have  the  list  prepared  in  ac- 
cordance Avith  article  107  viseed  by  the  competent  authority. 

In  case  a  pilgrim  is  landed  during  the  course  of  the  voyage,  the 
captain  shall  note  the  fact  on  the  list  opposite  the  name  of  the  pil- 
grim. 

In  case  of  an  embarkation,  the  persons  embarked  shall  be  mentioned 
on  this  list  in  conformity  "with  the  aforementioned  article  107  and 
before  it  is  viseed  again  bj'  the  competent  authority. 

Art.  121.  The  bill  of  health  delivered  at  the  port  of  departure 
shall  not  be  changed  during  the  course  of  the  voyage. 

It  shall  be  viseed  by  the  health  authority  of  each  port  of  call,  who 
shall  note  thereon : 

1.  The  number  of  passengers  landed  or  embarked  in  the  port. 

2.  The  incidents  occurring  at  sea  and  affecting  the  health  or  life 
of  the  persons  on  board. 

3.  The  sanitary  condition  of  the  port  of  call. 

SECTION    IV.    MEASURES    TO    BE    TAKEN    ON    THE    ARRIVAL   OF    PILGRIIMS    IN 

THE  RED  SEA. 

A.    SANITARY    MEASURES    APPLICABLE    TO    MUSULMAN-PILGRIM    SHIPS    HAILING    FROM 
AN    INFECTED    PORT    AND    BOUND    FROM    THE    SOUTH    TOWARD    IIEDJAZ. 

Art.  122.  Pilgrim  ships  hailing  from  the  south  and  bound  for 
Hedjaz  shall  first  stop  at  the  sanitary  station  at  Camaran,  where 
they  shall  be  subjected  to  the  measures  prescribed  in  articles  123  to 
125. 

Art.  123.  Vessels  recognized  as  uninfected  after  a  medical  inspec- 
tion shall  obtain  pratique  when  the  following  operations  are  com- 
pleted : 

The  pilgrims  shall  be  landed,  take  a  shower  or  sea  bath,  and  their 
soiled  linen  and  the  part  of  their  wearing  apparel  and  baggage  which 
appeal's  suspicious  in  the  opinion  of  the  health  authority  shall  be 
disinfected.  The  duration  of  these  operations,  including  debarka- 
tion and  embarkation,  shall  not  exceed  forty-eight  hours. 

If  no  real  or  suspected  case  of  plague  or  cholera  is  discovered  dur- 
ing these  operations,  the  pilgrims  shall  be  reembarked  immediately 
and  the  vessel  shall  proceed  toward  Hedjaz. 

For  plague,  the  provisions  of  articles  23  and  24  shall  be  applied 
with  regard  to  the  rats  which  may  be  found  on  board  the  vessels. 

Art.  124.  Suspicious  vessels  on  board  of  which  there  were  cases  of 
plague  or  cholera  at  the  time  of  departure  but  on  wliich  there  has 
been  no  new  case  of  plague  or  cholera  for  seven  days,  shall  be  treated 
in  the  following  manner : 

The  pilgrims  shall  be  landed,  take  a  shower  or  sea  bath,  and  their 
soiled  linen  and  the  part  of  their  wearing  apparel  and  baggage 
which  appears  suspicious  in  the  opinion  of  the  health  authority  shall 
be  disinfected. 

In  time  of  cholera  the  bilge  water  shall  be  changed. 

The  parts  of  the  vessel  occupied  by  the  patients  shall  be  disin- 
fected. The  duration  of  these  operations,  including  debarkation  and 
embarkation,  shall  not  exceed  forty-eight  hours. 

If  no  real  or  suspected  case  of  plague  or  cholera  is  discovered  dur- 
ing these  oj^erations.  the  pilgrims  shall  be  reembarked  immediately 
and  the  vessel  shall  proceed  to  Djeddah,  where  a  second  medical 


423 

inspection  shall  take  place  on  board.  If  the  result  thereof  is  fa- 
vorable, and  on  the  stren<^tli  of  a  written  ailidavit  by  tlie  slilip's 
physician  to  the  efl'ect  that  there  has  been  no  case  of  plague  or  cholera 
durinof  the  passajije,  the  pil<J:rims  shall  be  immediately  landed. 

If,  on  the  contrary,  one  or  more  real  or  suspected  cases  of  plaf]^e 
or  cholera  have  been  discovered  durinj^  the  voyage  or  at  the  time  of 
arrival,  the  vessel  shall  be  sent  back  to  Camaran,  Avhere  it  shall 
undergo  anew  the  measures  applicable  to  infected  vessels. 

For  plague,  the  provisions  of  article  22,  Gth  par.,  shall  be  appli- 
cable with  regard  to  the  rats  which  may  be  found  on  board  the  vessels. 

Art.  125.  Infected  vessels,  that  is,  those  having  cases  of  plague  or 
cholera  on  board  or  having  had. cases  of  plague  or  cholera  within 
seven  days,  shall  undergo  the  following  treatment: 

The  persons  stricken  with  plague  or  cholera  shall  be  landed  and 
isolated  in  groups  comprising  as  few  persons  as  possible,  so  that 
the  whole  number  may  not  be  infected  by  a  particular  group  if 
plague  or  cholera  should  develop  therein. 

The  soiled  linen,  wearing  apparel,  and  clothing  of  the  crew  and 
passengers,  as  well  as  the  vessel,  shall  be  disinfected  in  a  thorough 
manner. 

However,  the  local  health  authority  may  decide  that  the  discharge 
of  the  heavy  baggage  and  the  cargo  is  not  necessary,  and  that  only 
a  part  of  the  vessel  need  be  disinfected. 

The  passengers  shall  remain  in  the  Camaran  establishment  five 
days.  When  cases  of  plague  or  cholera  date  back  several  days,  the 
length  of  the  isolation  may  be  diminished.  This  length  may  vary 
according  to  the  date  of  appearance  of  the  last  case  and  the  decision 
of  the  health  authority. 

The  vessel  shall  then  proceed  to  Djeddah,  where  an  individual  and 
rigorous  medical  examination  shall  be  made.  If  the  result  thereof 
is  favorable,  the  vessel  shall  obtain  pratique.  If,  on  the  contrary, 
real  cases  of  plague  or  cholera  have  appeared  on  board  during  the 
voyage  or  at  the  time  of  arrival,  the  vessel  shall  be  sent  back  to  Cama- 
ran, where  it  shall  undergo  anew  the  treatment  applicable  to  infected 
vessels. 

For  plague,  the  measures  prescribed  by  article  22  shall  be  applied 
with  regard  to  the  rats  which  may  be  found  on  board  the  vessels. 

Art.  126.  Every  sanitary  station  designed  to  receive  pilgrims 
should  be  provided  with  a  trained,  experienced,  and  sufficiently  nu- 
merous staff,  as  well  as  with  all  the  buildings  and  apparatus  necessary 
to  insure  the  application,  in  their  entirety,  of  the  measures  to  which 
said  pilgrims  are  subject. 

B.    SANITARY    MEASURES    APPLICABLE    TO    MUSULMAN-PILGKIM    SHIPS    HAILING    FROM 
THE    NORTH    AND    BOUND    TOWARD    HEDJAZ. 

Art.  127.  If  plague  or  cholera  is  not  known  to  exist  in  the  port 
of  departure  or  its  neighborhood,  and  if  no  case  of  plague  or  cholera 
has  occurred  during  the  passage,  the  vessel  shall  be  immediately 
granted  pratique. 

128.  If  plague  or  cholera  is  known  to  exist  in  the  port  of  departure 
or  its  vicinity,  or  if  a  case  of  plague  or  cholera  has  occurred  during 
the  voyage,  the  vessel  shall  be  subjected  at  Tor  to  the  rules  established 
for  vessels  coming  from  the  south  and  stopping  at  Camaran.  The 
vessels  shall  thereupon  be  granted  pratique. 


424 

SECTION  V.    5IEASURE9  TO  BE  TAKEN  UPON  THE  RETTTRN   OF  PILGRIMS. 

A.    PILGRIM    SHIPS   RKTIRMNt;    NOKTIl  \V  ARD. 

Art.  129.  Every  vessel  bound  for  Suez  or  for  a  jSIediterranean  port, 
having  on  board  pilgrims  or  similar  masses  of  persons,  and  hailing 
from  a  port  of  Hedjaz  or  from  any  other  port  on  the  Arabian  coast 
of  the  Red  Sea,  must  repair  to  Tor  in  order  to  undergo  there  the 
observation  and  the  sanitary  measures  indicated  in  articles  133  and 
135. 

Art.  130.  Vessels  bringing  Mussulman  pilgrims  back  toward  the 
Mediterranean  shall  pass  through  the  canal  in  quarantine  only. 

Art.  131.  The  agents  of  navigaticm  companies  and  captains  are 
warned  that,  after  completing  their  observation  period  at  the  sani- 
tary station  of  Tor,  the  Egyptian  pilgrims  will  alone  be  permitted 
to  leave  the  vessel  permanently  in  order  to  return  thereupon  to  their 
homes. 

Only  those  pilgrims  will  be  recognized  as  Egyptians  or  as  residents 
of  Egypt  who  are  provided  with  a  certificate  of  residence  issued  by 
an  Egyptian  authority  and  conforming  to  the  established  model. 
Samples  of  this  certificate  shall  be  deposited  with  the  consular  and 
health  authorities  of  Djeddah  and  Yambo,  where  the  agents  and 
captains  of  vessels  can  examine  them. 

Pilgrims  other  than  Egyptians,  such  as  Turks,  Russians,  Persians, 
Tunisians,  Algerians,  Moroccans,  etc.,  can  not  be  landed  in  an 
Egyptian  port  after  leaving  Tor.  Consequently,  navigation  agents 
and  captains  are  warned  that  the  transshipment  of  pilgrims  not  resi- 
dents of  Egypt  at  Tor,  Suez,  Port  Said,  or  Alexandria  is  forbidden. 

Vessels  having  pilgrims  on  board  who  belong  to  the  nationalities 
mentioned  in  the  foregoing  paragraph  shall  be  subject  to  the  rules 
applicable  to  these  pilgrims  and  shall  not  be  received  in  any  Egyptian 
port  of  the  Mediterranean. 

Art.  132.  Before  being  granted  pratique.  Egyptian  pilgrims  shall 
undergo  an  observation  of  three  days  and  a  medical  examination  at 
Tor,  Souakim,  or  any  other  station  designated  by  the  Board  of 
Health  of  Egj^pt. 

Art.  133.  If  plague  or  cholera  is  known  to  exist  in  Hedjaz  or  in 
the  port  from  which  the  vessel  hails,  or  if  it  has  existed  in  Hedjaz 
during  the  course  of  the  pilgrimage,  the  vessel  shall  be  subjected  at 
Tor  to  the  rules  adopted  at  Camaran  for  infected  vessels. 

The  persons  stricken  with  plague  or  cholera  shall  be  landed  and 
isolated  in  the  hospitals.  The  other  passengers  shall  be  landed  and 
isolated  in  groups  composed  of  as  few  persons  as  possible,  so  that  the 
whole  number  may  not  be  infected  by  a  particula^r  group  if  the 
plague  or  cholera  should  develop  therein. 

The  soiled  linen,  wearing  apparel,  and  clothing  of  the  crew  and 
pa.ssengers,  as  well  as  the  baggage  and  cargo  suspected  of  contamina- 
tion shall  be  landed  and  disinfected.  Their  disinfection  as  well  as 
that  of  the  vessel  shall  be  thorough. 

How^ever,  the  local  health  authority  may  decide  that  the  unloading 
of  the  heavy  baggage  and  the  carW  is  not  necessary,  and  that  only 
a  part  of  the  vessel  need  undergo  disinfection. 

The  measures  provided  in  articles  22  and  25  shall  be  applied  with 
regard  to  the  rats  which  may  be  found  on  board. 


425 

All  the  pilgrims  shall  be  subjected  to  an  observation  of  seven  full 
days  from  the  day  on  which  the  disinioitiiitr  oper.uions  are  com- 
pleted, whether  it  be  a  question  of  plague  or  of  cholera.  If  a  case 
of  plague  or  cholera  has  appeared  in  one  section,  the  |)eriod  of  seven 
days  shall  not  begin  for  this  section  until  the  day  on  which  the  last 
case  was  discovered. 

Art.  134.  In  the  case  contemplated  in  the  preceding  article,  the 
Egyptian  pilgrims  shall  be  subjected,  besides,  to  an  additional  obser- 
vation of  three  days. 

Art.  135.  If  plague  or  cholera  is  not  known  to  exist  either  in 
Hedjaz  or  in  the  port  from  which  the  vessel  hails,  and  has  not  been 
known  to  exist  in  Hedjaz  during  the  course  of  the  pil<^rimage,  the 
vessel  shall  be  subjected  at  Tor  to  the  rules  adopted  at  Camaran  for 
uninfected  vessels. 

The  pilgrims  shall  be  landed  and  take  a  shower  or  sea  bath,  and 
their  soiled  linen  or  the  part  of  their  wearing  apparel  and  baggage 
which  may  appear  suspicious  in  the  opinion  of  the  health  authority 
shall  be  disinfected.  The  duration  of  these  operations,  including 
the  debarkation  and  embarkation,  shall  not  exceed  seventy-two  hours. 

However,  a  pilgrim  ship  belonging  to  one  of  the  nations  which 
have  adhered  to  the  stipulations  of  the  present  and  the  previous 
conventions,  if  it  has  had  no  plague  or  cholera  patients  during  the 
course  of  the  voyage  from  Djeddah  to  Yambo  or  Tor  and  if  the 
individual  medical  examination  made  at  Tor  after  debarkation  estab- 
lishes the  fact  that  it  contains  no  such  patients,  may  be  authorized 
by  the  Board  of  Health  of  Egypt  to  pass  through  the  Suez  Canal 
in  quarantine  even  at  night  when  the  following  four  conditions  are 
fulfilled: 

1.  Medical  attendance  shall  be  given  on  board  by  one  or  several 
physicians  commissioned  by  the  governments  to  which  the  vessel 
belongs. 

2.  The  vessel  shall  be  provided  with  disinfecting  chambers  and  it 
shall  be  ascertained  that  the  soiled  linen  has  been  disinfected  dur- 
ing the  course  of  the  voyage. 

3.  It  shall  be  shown  that  the  number  of  pilgrims  does  not  exceed 
that  authorized  by  the  pilgrimage  regulations. 

4.  The  captain  shall  bind  himself  to  repair  directly  to  fi  port  of 
the  countrv  to  which  the  vessel  belongs. 

The  medical  examination  shall  be  made  as  soon  as  possible  after 
debarkation  at  Tor. 

The  sanitary  tax  to  be  paid  to  the  quarantine  administration  shall 
be  the  same  as  the  pilgrims  would  have  paid  had  they  remained 
in  quarantine  three  days. 

Art.  13G,  A  vessel  which  has  had  a  suspicious  case  on  board  dur- 
ing the  voyage  from  Tor  to  Suez  shall  be  sent  back  to  Tor. 

Art.  137.  The  transshipment  of  pilgrims  is  strictly  forbidden  in 
Egyptian  ports. 

Art.  138.  Vessels  leaving  Hedjaz  and  having  on  board  pilgrims 
who  are  bound  for  a  port  on  the  African  shore  of  the  Red  Sea  shall 
be  authorized  to  proceed  directly  to  Souakim  or  to  such  other  place 
as  the  Board  of  HealH:h  of  Alexandria  may  determine,  where  they 
shall  submit  to  the  same  quarantine  procedure  as  at  Tor. 

Art.  139.  Vessels  sailing  from  Hedjaz  or  from  a  port  on  the  Ara- 
bian coast  of  the  Eed  Sea  with  a  clean  bill  of  health,  having  no  pil- 


426 

grims  or  similar  groups  of  people  on  board,  and  which  have  had  no 
suspicious  occurrence  during  the  voyage,  shall  be  granted  pratique 
at  Suez  after  a  favorable  medical  inspection. 

Art.  140.  AMien  plague  or  cholera  shall  have  been  proven  to  exist 
in  Hedjaz: 

1,  Caravans  composed  of  Eg^'ptian  pilgrims  shall,  before  going 
to  E2gypt,  undergo  at  Tor  a  rigid  quarantine  of  seven  days  in  case 
of  cholera  or  plague.  The}^  shall  then  undergo  an  observation  of 
three  days  at  Tor,  after  Avhich  they  shall  not  be  granted  pratique 
until  a  favorable  medical  inspection  has  been  made  and  their  belong- 
ings have  been  disinfected. 

2.  Caravans  composed  of  foreign  pilgrims  who  are  about  to  return 
to  their  homes  by  land  routes  shall  be  subjected  to  the  same  measures 
as  the  Egv'ptian  caravans  and  shall  be  accompanied  by  sanitary 
guards  to  the  edge  of  the  desert. 

Art.  141.  AVhen  plague  or  cholera  has  not  been  observed  in  Hedjaz, 
the  caravans  of  pilgrims  coming  from  Hedjaz  by  way  of  Akaba  or 
Moila  shall,  upon  their  arrival  at  the  canal  or  at  Nakhel,  be  sub- 
jected to  a  medical  examination  and  their  soiled  linen  and  wearing 
apparel  shall  be  disinfected. 

B.   PILGEIMS   BETXJBNINQ    SOUTHWARD. 

Art.  142.  Sufficiently  complete  sanitary  arrangements  shall  be  in- 
stalled in  the  ports  of  embarkation  of  Hedjaz  in  order  to  render 
possible  the  application  to  pilgrims  who  have  to  travel  southward 
in  order  to  return  to  their  homes,  of  the  measures  which  are  obliga- 
tory b}'  virtue  of  articles  10  and  54  at  the  moment  of  departure  of 
these  pilgims  in  the  ports  situated  beyond  the  Straits  of  Bab-el- 
Mandeb. 

The  application  of  these  measures  is  optional;  that  is,  they  are  only 
to  be  applied  in  those  cases  in  which  the  consular  officer  of  the  coun- 
try to  which  the  pilgrim  belongs,  or  the  physician  of  the  vessel  on 
which  he  is  about  to  embark,  deems  them  necessary. 

Chapter  III.  Penalties. 

Art.  143.  Every  captain  convicted  of  not  having  conformed,  in 
the  distribution  of  water,  provisions,  or  fuel,  to  the  obligations  as- 
sumed by  him,  shall  be  liable  to  a  fine  of  two  Turkish  pounds."  This 
fine  shall  be  collected  for  the  benefit  of  the  pilgrim  who  shall  have 
been  the  victim  of  the  default,  and  who  shall  prove  that  he  has  vainly 
demanded  the  execution  of  the  agreement  made. 

Art.  144.  Every  infraction  of  article  101  shall  be  punished  by  a 
fijie  of  thirty  Turkish  pounds. 

Art.  145.  Every  captain  who  has  committed  or  knowingly  per- 
mitted any  fraud  whatever  concerning  the  list  of  pilgrims  or  the 
bill  of  health  provided  for  in  article  107  shall  be  liable  to  a  fine  of 
fifty  Turkish  pounds. 

Art.  146.  Every  captain  of  a  vessel  arriving  without  a  bill  of 
health  from  the  port  of  departure,  or  without  a  vise  from  the  ports 
of  call,  or  who  is  not  provided  with  the  list  required  by  the  regula- 

"The  Turkish  pound  is  worth  22  francs  and  50  centimes. 


427 

tions  and  regularly  kept,  in  accordance  with  articles  107,  120,  and  121, 
shall  be  liable  in  each  case  to  a  line  of  twelve  Turkish  poinuls. 

Akt.  147.  Every  captain  convicted  of  having  or  having  had  on 
board  more  than  100  pilgrims  without  the  presence  of  a  commis- 
sioned physicijMi  in  conformity  with  the  provisions  of  article  100 
shall  be  liable  to  a  fine  of  thirty  Turkish  pounds. 

Ai!T.  1-18.  Every  captain  convicted  of  having  or  liaving  had  on 
board  a  greater  number  of  pilgrims  than  that  which  he  is  authorized 
to  embark  in  conformity  with  the  provisions  of  article  107  shall  be 
liable  to  a  fine  of  five  Turkish  pounds  for  each  pilgrim  in  excess. 

The  pilgrims  in  excess  of  the  regular  number  shall  be  landed  at  the 
first  station  at  which  a  competent  authority  resides,  and  the  captain 
shall  be  obliged  to  furnish  the  landed  pilgrims  with  the  money  neces- 
sary to  pursue  their  voyage  to  their  destination. 

Akt.  149.  Every  captain  convicted  of  having  landed  pilgrims  at  a 
place  other  than  their  destination,  except  with  their  consent  or  ex- 
cepting cases  of  vis  major ^  shall  be  liable  to  a  fine  of  twenty  Turkish 
pounds  for  each  pilgrim  wrongfully  landed. 

Art.  150.  All  other  infractions  of  the  provisions  relative  to  pilgrim 
ships  are  punishable  by  a  fine  of  from  10  to  100  Turkish  pounds. 

Art.  151.  Every  violation  proven  in  the  course  of  a  voyage  shall  be 
noted  on  the  bill  of  health  as  well  as  on  the  list  of  pilgrims.  The 
competent  authority  shall  draw  up  a  report  thereof  and  deliver  it  to 
the  proper  party. 

Art.  152.  All  agents  called  upon  to  assist  in  the  execution  of  the 
provisions  of  the  present  Convention  with  regard  to  pilgrim  ships  are 
liable  to  punishment  in  conformity  with  the  laws  or  their  respective 
countries  in  case  of  faults  committed  by  them  in  the  application  of 
the  said  provisions. 

Title  IV.  Surveillance  and  Execution. 

I.    sanitary,    maritime,   and   quarantine   board   or   EGYPT. 

Art.  153.  The  stipulations  of  Appendix  III  of  the  Sanitary  Con- 
vention of  Venice  of  January  30,  1802,  concerning  the  composition, 
rights  and  duties,  and  operation  of  the  Sanitar}^,  Maritime,  and 
Quarantine  Board  of  Egypt,  are  confirmed  as  they  appear  in  the 
decrees  of  His  Highness  the  Khedive  under  date  of  June  19,  1893, 
and  December  25,  1894,  as  well  as  in  the  ministerial  decision  of  June 
19,  1893. 

The  said  decrees  and  decision  are  annexed  to  the  present  conven- 
tion.    (Appendix  11.) 

Art.  154.  The  ordinary  expenses  resulting  from  the  provisions  of 
the  present  convention,  especially  those  relating  to  the  increase  of  the 
personnel  belonging  to  the  Sanitary,  Maritime,  and  Quarantine 
Board  of  Eg^^pt,  shall  be  covered  by  means  of  an  annual  supple- 
mentary payment  b}'  the  Egyptian  Government  of  the  sum  of  4,000 
Egyptian  pounds,  which  may  be  taken  from  the  surplus  revenues 
from  the  lighthouse  service  remaining  at  the  disposal  of  said 
Government. 

However,  the  proceeds  of  a  supplementary  quarantine  tax  of  ten 
tariff  dollars  per  pilgrim  to  be  collected  at  Tor  shall  be  deducted 
from  this  sum. 


428 

In  case  the  Egyptian  Government  should  find  difficulty  in  bearing 
this  share  of  the  expenses,  the  Powers  represented  in  the  Board  of 
Health  shall  reach  an  understanding  with  the  Khedival  Government 
in  order  to  insure  the  participation  of  the  latter  iu  the  expenses 
contemplated. 

Art.  155.  The  Sanitary,  Maritime,  and  Quarantine  Board  of  Egypt 
shall  undertake  the  task  of  bringing  the  provisions  of  the  present 
convention  into  conformity  with  the  regulations  at  present  enforced 
b}'  it  in  regard  to  tlie  plague,  cholera,  and  yellow  fever,  as  well  as 
with  the  regulations  relative  to  arrivals  from  the  Arabian  ports  of 
the  Red  Sea  during  the  pilgrim  season. 

To  the  same  end  it  shall,  if  necessary,  revise  the  general  regulations 
of  the  sanitary,  maritime,  and  quarantine  police  at  present  in  force. 

These  regulations,  in  order  to  become  effective,  must  be  accepted  by 
the  various  Powere  represented  on  the  Board. 

II.    THE    INTERNATIONAL    HEALTH    BOARD    OF    TANGIER. 

Art.  15G.  In  the  interest  of  public  health,  the  High  Contracting 
Parties  agree  that  their  representatives  in  ^lorocco  shall  again  invite 
the  attention  of  the  International  Health  Board  of  Tangier  to  the 
necessity  of  enforcing  the  provisions  of  the  sanitary  conventions. 

III.    MISCELLANEOUS    PROVISIONS. 

Art.  157.  The  proceeds  from  the  sanitary  taxes  and  fines  shall  in 
no  case  be  employed  for  objects  other  than  those  Avithin  the  scope  of 
the  Boards  of  Health. 

Art.  158.  The  High  Contracting  Parties  agree  to  have  a  set  of 
instructions  prepared  by  their  health  departments  for  the  purpose  of 
enabling  captains  of  vessels,  especially  when  there  is  no  physician  on 
board,  to  enforce  the  provisions  contained  in  the  present  convention 
with  regard  to  plague,  cholera,  and  yellow  fever. 

Title  V.  Adhesions  and  Katifications. 

Art.  159.  The  Governments  which  have  not  signed  the  present  con- 
vention shall  be  permitted  to  adhere  thereto  upon  request.  Notice  of 
this  adhesion  shall  be  given  through  diplomatic  channels  to  the  Gov- 
ernment of  the  French  Republic  and  by  the  latter  to  the  other  signa- 
tory governments. 

Art.  160.  The  present  convention  shall  be  ratified  and  the  ratifica- 
tions thereof  deposited  at  Paris  as  soon  as  possible. 

It  shall  be  enforced  as  soon  as  it  shall  have  been  proclaimed  in  con- 
formity with  the  legislation  of  the  signatory  nations.  In  the  respec- 
tive relations  of  the  Powers  which  have  ratified  it.  it  shall  supersede 
the  international  sanitary  conventions  signed  Januarv  30,  1892;  April 
r>,  1893;  April  3,  1894;  March  19,  1897;  and  December  3,  1903. 

The  previous  arrangements  enumerated  above  shall  remain  in  force 
with  regard  to  the  Powers  which,  having  signed  or  adhered  to  them, 
may  not  ratify  or  accede  to  the  present  act. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
present  convention  and  affixed  thereto  their  seals. 


429 


Done  at  Pa 
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1  L.S.I 
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ris  on  January  17,  1012,  in  a  single  copy  which  shall 
ted  in  the  arcln.'es  of  the  (Jovernment  of  the  French 
of  which  certified  copies  shall  he  traiLsmitted  through 
mnels  (o  the  Contractinc:  Powers. 


Siiiiied.: 
iSi^ned  : 
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Frhhk  von   Stein. 
l)n.  CiAi-i'Kv. 
A.  Bailly-Blanchard. 
Francisco  de  Veyga. 

EzEQlilEL     CaSTILLA. 

Gaoern. 

Haberler. 

Worms. 

BoLCS. 
MiJLLER. 

O.  Velghe. 

Dr.  Van  Ermengem. 

Ismael  Montes. 

Dr.  Ciiervin. 

Dr.  Figueiredo  de  Va scon  cellos. 

Stancioff. 

Dr.  G.  Chichcoff. 

F.  PuGA  Borne. 

J.  E.  Manrique. 

Dr.  a.  Alvarez  Canas. 

Tomas  Collazo. 

F.  Raventloav. 

Victor  M.  Rendon. 

E.   DORN  Y  DE  Al^UA. 

F.  De  Reynoso. 

Angel  Pulido. 

Camille  Barrere. 

Gavarry. 

Dr.  E.  Roux. 

Mirman. 

Dr.  a.  Calmette. 

Er.  Ronssin. 

Harismendy. 

Paul  Roux. 

Lancelot  D.  Carnegie. 

Ralph  W.  Johnstone. 

Benjamin  Franklin. 

D.  Caclamanos. 

J.  M.  Lardizabal. 

Dr.  Casseus. 

Desire  Pector. 

Rocco  Santoloquido. 

Adolfo  Cotta. 

Bastin. 

Dr.  Praum. 

Miguel  Zuniga  y  Azcarate. 

Brunet, 

Dr.  E.  Binet. 

F.  Wedel  Jarlsberg. 

J.  A.  Jimenez. 


430 


[l.  s.' 

Siinied: 

Dr.  W.  p.  Ruysch. 

fL.  S.' 

Signed : 

Dr.  C.  Winkler. 

[L.  S. 

Signed : 

]\I.  Samad. 

L.  S. 

Signed : 

Antoxio  Augusto  GoxgAL-sTis  Braga 

L.  S. 

Signed : 

Alexanprf,  Em.  Lahovary. 

[l.  s.' 

Signed : 

Platon  ok  Waxel. 

[l.  s.' 

Signed : 

Nicolas  Freyberq. 

L.  S.^ 

Signed : 

Dr.  S.  Letoxa. 

L.  S.' 

Signed: 

Mil.  R.  Vesnttch. 

"r.  s.' 

Signed : 

Dr.  Manaud. 

[l.  s." 

Signed : 

Gyldexstolpe. 

"l.  s.' 

Signed : 

I^ARDY. 

|"l.  s.' 

Signed:' 

;Missak. 

[l.  s.' 

Signed : 

Y.  Saddik. 

"l.  s.' 

Signed : 

Louis  Piera. 

I  certify  that  the  foregoing  is  a  true  copy. 

R.  POTNCARE, 

President  of  the  CouncU, 
Minister  of  Foreign  Affairs  of  the  French  Bepuhlic. 


APPENDICES. 
Appendix  I. 
(See  Art.  82.) 

Regulations  concerning  the  jyassage,  in  quarantine  trains  through 
Egyptian  territorg^  of  travelers  and  mail  hags  coming  from  con- 
taminated countries. 

Art,  1.  If  an  Egyptian  Railroad  Administration  desires  a  quaran- 
tine train  to  connect  with  vessels  arriving  from  contaminated  ports, 
it  shall  notify  the  local  quarantine  authority  at  least  two  hours  be- 
fore departure. 

Art.  2.  The  passengers  shall  land  at  the  place  indicated  by  the 
quarantine  authority,  with  the  consent  of  the  Railroad  Administra- 
tion and  the  Egyptian  Government,  and  shall  pass  directly  and  with- 
out any  communication  from  the  vessel  to  the  train,  under  the  su])er- 
vision  of  a  transit  ofiicer  and  of  two  or  more  sanitary  guards. 

Art.  3.  The  personal  effects,  baggage,  etc.,  of  the  passengers  shall 
be  transported  in  quarantine  with  the  means  at  the  disposal  of  the 
vessel. 

Art.  4.  The  agents  of  the  railroad  shall  be  obliged  to  obey  the  or- 
ders of  the  transit  officer  as  regards  the  quarantine  measures. 

Art.  5.  The  cars  assigned  to  this  service  shall  be  longitudinal-aisle 
cars.  A  sanitary  guard  shall  be  placed  in  each  car  and  sliall  have 
supervision  over  the  passengers.  The  agents  of  the  railroad  shall 
have  no  communication  with  the  passengers. 

A  physician  of  the  quarantine  service  shall  accompany  the  train. 

Art.  6.  The  heavy  baggage  of  tlie  passengers  shall  be  placed  in  a 
special  car  to  be  sealed  at  the  departure  of  the  train  by  the  transit 


431 

officer.  Upon  arrival,  the  seals  shall  be  withdrawn  by  the  transit 
oflicer. 

Any  transshipment  or  embarkation  durinj^  tlic  trip  shall  be  pro- 
hibited. 

Art.  7.  The  closets  shall  be  provided  with  cans  containinf^  a  cer- 
tain quantity  of  antiseptic  for  receiving  the  dejections  of  the  pas- 
sengers. 

Art.  8.  The  platforms  of  the  stations  where  the  train  is  obliged  to 
stop  shall  be  completely  vacated,  except  by  such  agents  of  the  service 
as  are  absolutely  indispensable. 

Art.  9.  Each  train  may  have  a  dining  car.  The  leavings  of  the 
tables  shall  "be  destroyed.  The  employees  of  this  car  as  well  as  the 
other  emploj^ees  of  the  railroad  who  have  for  any  reason  come  in  con- 
tact with  the  passengers  shall  be  subjected  to  the  same  treatment  as 
the  pilots  and  electricians  at  Port  Said  and  Suez  or  to  such  measures 
as  the  Board  may  deem  necessary. 

Art.  10.  The  passengers  shall  be  absolutely  prohibited  from  throw- 
ing anything  out  of  the  windows,  doors,  etc. 

Art.  11.  In  each  train  an  infirmary  compartment  shall  remain 
empty  in  order  that  any  persons  falling  ill  may  be  isolated  therein. 
This  compartment  shall  be  arranged  according  to  the  directions  of 
the  Quarantine  Board. 

If  a  case  of  plague  or  cholera  should  appear  among  the  passengeifs, 
the  patient  shall  be  immediately  isolated  in  the  special  compartme«t. 
Upon  the  arrival  of  the  train  this  patient  shall  be  transferred  at  once 
to  the  quarantine  lazaretto.  The  other  passengers  shall  continue 
their  voyage  in  quarantine. 

Art.  12.  If  a  case  of  plague  or  cholera  should  appear  during  the 
trip,  the  train  shall  be  disinfected  by  the  quarantine  authority. 

At  all  events,  the  cars  which  have  contained  the  baggage  and  the 
mails  shall  be  disinfected  immediately  after  the  arrival  of  the  tram. 

Art.  13.  The  transshipment  from  the  train  to  the  boat  shall  be  kc- 
complished  in  the  same  Avay  as  at  arrival.  The  boat  receiving  the 
passengers  shall  be  immediately  placed  in  quarantine  and  mention 
shall  be  made  on  the  bill  of  health  of  the  accidents  which  may  hare 
occurred  en  route,  those  ]3ersons  who  may  have  been  in  contact' with 
the  patients  being  specially  designated. 

Art.  14.  The  expenses  incurred  by  the  quarantine  administration 
shall  be  borne  by  the  party  asking  for  the  quarantine. 

Art.  15.  The  President  of  the  Board,  or  his  substitute,  shall  have,  a 
right  to  watch  over  the  train  during  its  whole  trip. 

The  President  may,  moreover,  set  a  superior  employee  (besides  the 
transit  officer  and  the  guards)  to  watch  over  said  train. 

This  employee  shall  have  access  to  the  train  upon  mere  presenta- 
tion of  an  order  signed  by  the  President. 

Appendix  II. 

Khedival  decree  of  June  19, 1893. 

(See  art.  153.) 

1.  Measures  to  prevent  introduction  and  transmission  of  epidemic  diseases 
Hnd  epizootics. 

2.  Number  and  qualification  of  delegates. 


432 

3.  Supervision  over  sanitary  condition. 

4.  Sauitary  bulletins  of  cities  of  C;iiio  and  Alexandria,  and  Provinces. 

5.  Ascertainment  of  sanitary  condition  of  country,  and  dispatch  of  inspecting 
boards. 

6.  Preventive  measures  to  be  adopted  by  board. 

7.  Drafting  of  note  on  bill  of  health. 

8.  Adoption  of  measures  to  prevent  transmission  of  diseases  to  foreign 
countries. 

!t.  Supervisory  control  of  quarantine  sanitary  measures. 

10.  Ilegulations  for  transportation  of  pilgrims. 

11.  Decisions  of  board  to  be  cuuununicated. 

12.  Enforcement  of  the  decisions  and  power  of  the  president  of  the  board. 

13.  Selection  of  sanitary  inspector  general  and  other  otlicers. 

14.  Appointment  of  officers  to  service,  and  dismissals. 

15.  Number  of  directors,  etc. 

16.  Control  of  sanitary  employees;  responsibility  for  proper  performance  of 
the  service. 

17.  Agency  of  El  Ariche. 

18.  Employees  of  medical  and  administrative  service. 

19.  Supervisory  powers  of  sanitary  insitector  general. 

20.  Information  as  to  sanitary  condition  of  Hedjaz. 

lil.  Comijlaiuts  ludgetl  against  :igeuls,  and  dlsciiiliuary  committee. 

22.  Disciplinary  penalties. 

23.  Collection  of  sanitary  and  quarantine  dues. 

24.  Control  of  finances. 

25.  Secret  ballots  of  the  board. 

26.  Assistance  by  civil  authorities. 

27.  Repeal  of  previous  decrees  and  regulations. 

28.  Enforcement. 

We,  Khedive  of  Egypt,  on  the  recoiiiinendation  of  Our  Minister 
of  the  Interior,  with  the  advice  and  consent  of  our  Cabinet,  and  con- 
sidering^ that  it  is  necessary  to  introduce  various  amendments  in  our 
decree  of  January  3,  1881  "(2  Safer  1298).  decree: 

Art.  1.  The  Sanitary,  Maritime,  and  Quarantine  Board  shall  de- 
cide on  the  measures  to  be  taken  to  prevent  the  introduction  into 
Egypt,  or  the  transmission  to  foreign  countries,  of  epidemic  diseases 
and  epizootics. 

The  number  of  Egyptian  delegates  shall  be  reduced  to  four,  as 
follows : 

1.  The  President  of  the  Board,  appointed  by  the  Egyptian  Gov- 
ernment and  to  vote  only  in  case  of  a  tie. 

2.  A  European  doctor  of  medicine.  Inspector  General  of  the  Sani- 
tary, Maritime,  and  Quarantine  Service. 

3.  The  Sanitary  Inspector  of  the  city  of  Alexandria,  or  whoever 
acts  in  that  capacity. 

4.  The  Veterinary  Inspector  of  the  Administration  of  sanitary 
services  and  public  hygiene. 

All  the  Delegates  must  be  physicians  holding  a  regular  diploma, 
granted  either  by  a  European  facidty  of  medicine  or  by  the  Govern- 
ment, or  be  regularl}'  a[)pointed  officials  in  actual  service,  of  the 
grade  of  vice  consul  at  least,  or  of  an  equivalent  grade.  Tliis  pro- 
vision is  not  applicable  to  the  present  incumbents. 

Art.  3.  The  Sanitary.  ]Maritime.  and  Quarantine  Board  shall  exer- 
cise permanent  supervision  over  the  sanitary  condition  of  Egypt  and 
over  arrivals  from  foreign  coimtries. 

Art.  4.  As  regards  Egypt,  the  Sanitary.  Maritime,  and  Quarantine 
Board  shall  receive  each  week,  from  the  Board  of  Health  and  Public 
Hygiene,  the  sanitary  bulletins  of  the  cities  of  Cairo  and  Alexandria, 
and  each  month  the  sanitary  bulletins  of  the  provinces.     These  bul- 


433 

letins  shall  bo  transmitted  at  shorter  intervals  when,  owin^r  to  special 
circumstances,  the  Sanitary,  JNIaritime,  and  Quarantine  Board  so 
reouests. 

On  its  part,  the  Sanitary,  Maritime,  and  Quarantine  Board  shall 
communicate  to  the  Board  of  Health  and  Public  Hygiene  any  deci- 
sions it  may  have  reached  and  any  information  it  r.iay  have  received 
from  abroad. 

The  Governments  shall  address  to  the  Board,  if  they  deem  proper, 
the  sanitary  bulletin  of  their  country,  and  shall  notify  it  of  epidemics 
and  epizootics  as  soon  as  they  appear. 

Art.  5.  The  Sanitary,  Maritime,  and  Quarantine  Board  shall  as- 
certain the  sanitary  condition  of  the  country  and  send  inspecting 
boards  wherever  it  may  deem  necessary. 

The  Board  of  Health  and  Public  Hygiene  shall  be  notified  of  the 
dispatch  of  these  boards  and  shall  endeavor  to  facilitate  the  per- 
formance of  their  mission. 

Art.  6.  The  Board  shall  adopt  preventive  measures  for  the  purpose 
of  preventing  the  introduction  of  epidemics  and  epizootics  into 
EgA^pt  via  tlie  maritime  or  desert  frontiers,  and  it  shall  determine  the 
points  at  which  temporary  camps  and  permanent  quarantine  estab- 
lishments are  to  be  located. 

Art.  7.  It  shall  draft  the  note  to  be  written  on  the  bill  of  health 
issued  by  the  health  offices  to  departing  vessels. 

Art.  8.  In  case  of  the  appearance  of  epidemics  or  epizootics  in 
Eg3^pt,  it  shall  adopt  preventive  measures  with  the  object  of  pre- 
venting the  transmission  of  these  diseases  to  foreign  countries. 

Art.  9.  The  Board  shall  supervise  and  control  the  execution  of 
the  quarantine  sanitary  measures  which  it  has  adopted. 

It  shall  draft  all  regulations  relating  to  the  quarantine  service 
and  see  to  their  strict  enforcement  both  with  regard  to  protecting  the 
country  and  to  maintaining  the  guarantees  stipulated  by  interna- 
tional sanitary  conventions. 

Art.  10.  It  shall  regu.late,  from  a  sanitary  standpoint,  the  con- 
ditions under  w-hich  pilgrims  going  to  and  returning  from  Hedjaz 
are  to  be  transported,  and  watch  over  their  state  of  health  during 
pilgrimage. 

Art.  11.  The  decisions  reached  by  the  Sanitary.  Maritime,  and 
Quarantine  Board  shall  be  communicated  to  the  IMinistry  of  the 
Interior;  they  shall  also  be  made  known  to  the  Ministry  of  Foreign 
Affairs,  which  shall  notify  them,  if  necessary,  to  the  agencies  and 
consulates  general. 

However,  the  President  of  the  Board  shall  be  authorized  to  cor- 
respond directly  Avith  the  consular  authorities  of  maritime  cities 
in  current  matters  connected  with  the  service. 

Art.  12.  The  President,  and,  in  case  of  his  absence  or  impediment, 
the  Inspector  General  of  the  Sanitary,  Maritime,  and  Quarantine 
Service,  shall  see  to  the  enforcement  of  the  decisions  of  the  Board. 

For  this  purpose  he  shall  correspond  directly  with  all  the  agents 
of  the  Sanitary,  Maritime,  and  Quarantine  Service  and  with  the 
various  authorities  of  the  countries.  He  shall,  with  the  advice  of 
the  Board,  direct  the  sanitary  police  of  the  ports,  the  maritime 
quarantine  establishments,  and  the  quarantine  stations  of  the  desert. 

Finally,  he  shall  transact  current  business. 


434 

Art.  13.  The  sanitary  inspector  general,  the  directors  of  sanitary 
offices,  and  the  physicians  of  sanitary  stations  and  quarantine  camps 
must  be  selected  from  among  phj'sicians  regularly  diplomaed  eitlier 
by  a  European  faculty  of  medicine  or  by  the  Government. 

The  delegate  of  the  Board  at  Djeddah  may  be  a  diplomaed  physi- 
cian of  Cairo. 

Art.  14.  The  Board  shall  designate  its  candidates  through  its 
President  to  the  Minister  of  the  Interior  for  all  offices  and  positions 
under  the  Sanitary,  Maritime,  and  Quarantine  Service,  said  Minis- 
ter alone  having  a  right  to  appoint  them. 

The  same  course  shall  be  followed  in  regard  to  dismissals,  trans- 
fers, and  promotions. 

However,  the  President  shall  have  the  direct  appointment  of  all 
the  subaltern  agents,  laborers,  servants,  etc. 

The  appointment  of  the  sanitary  guards  shall  be  reserved  to  the 
Board. 

Art.  15.  The  number  of  directors  of  sanitary  offices  shall  be  seven, 
their  residence  being  at  Alexandria,  Damietta,  Port  Said,  Suez,  Tor, 
Souakim,  and  Kosseir. 

The  sanitars'  office  of  Tor  may  operate  only  during  the  continuance 
of  the  pilgrimage  or  in  time  of  epidemic. 

Art.  16.  The  directors  of  the  sanitary  offices  shall  have  under  their 
orders  all  the  sanitary  employees  of  their  district.  They  shall  be 
responsible  for  the  proper  performance  of  the  service. 

Art.  17.  The  chief  of  the  sanitary  agency  of  El  Ariche  shall  have 
the  same  powers  and  duties  as  those  entrusted  to  the  directors  by 
the  foregoing  article. 

Art.  18.  The  directors  of  the  sanitary  stations  and  quarantine 
camps  shall  have  under  their  orders  all  the  employees  of  the  medi- 
cal and  administrative  service  of  the  establishments  under  their 
direction. 

Art.  19.  The  sanitary  inspector  general  shall  have  the  supervision 
over  all  the  services  under  the  Sanitary,  Maritime,  and  Quarantine 
Board. 

Art.  20.  It  shall  be  the  mission  of  the  delegate  of  the  Sanitary, 
Maritime,  and  Quarantine  Board  at  Djeddah  to  furnish  the  Board 
with  information  as  to  the  sanitary  condition  of  Hedjaz,  especially 
in  time  of  pilgrimage. 

Art.  21.  A  disciplinary  committee  composed  of  the  President,  the 
Inspector  General  of  the  Sanitary.  Maritime,  and  Quarantine  Serv- 
ice, and  the  three  delegates  elected  by  the  Board,  shall  be  intrusted 
with  an  examination  of  the  complaints  lodged  against  the  agents 
belonging  to  the  Sanitary,  Maritime,  and  Quarantine  Service. 

It  shall  draw  up  a  report  on  each  case  and  submit  it  to  the  con- 
sideration of  the  Board  convened  in  general  assembly.  The  delegates 
shall  be  renewed  every  year.    They  shall  be  reeligible. 

The  decision  of  the  Board  shall  be  submitted  by  its  President  to 
the  sanction  of  the  Minister  of  the  Interior. 

The  disciplinary  committee  may  inflict,  without  consulting  the 
Board:  1)  Censure  and  2)  suspension  of  pay  up  to  one  month. 

Art.  22.  The  disciplinary  penalties  shall  be: 

1.  Censure. 

2.  Suspension  of  pay  from  eight  days  to  three  months. 

3.  Transfer  without  indemnity. 


435 

4.  Dismissal. 

All  without  prejudice  to  any  actions  to  be  brought  for  common 
law  crimes  or  ofTenses. 

Art.  23.  Sanitary  and  quarantine  duos  shall  be  collected  by  the 
agents  belonging  to  the  Sanitary,  Maritime,  and  Quarantine  Service. 

The  latter  shall  conform,  in  regard  to  accounts  and  book  keeping, 
to  the  general  regulations  established  by  the  Ministry  of  Finance. 

The  accounting  officers  sliall  address  their  accounts  and  the  pro- 
ceeds of  their  coUections  to  the  President  of  the  Board. 

The  accounting  officer  who  is  chief  of  the  central  bureau  of  ac- 
counts shall  acquit  them  over  the  visa  of  the  President  of  the  Board. 

Art.  24.  The  Sanitary,  Maritime,  and  Quarantine  Board  shall  have 
control  over  its  own  finances. 

The  administration  of  the  receipts  and  expenses  shall  be  intrusted 
to  a  Committee  composed  of  the  President,  the  Inspector  General  of 
the  Sanitary.  Maritime,  and  Quarantine  Service,  and  of  three  dele- 
gates of  the  Powers  elected  by  the  Board.  It  shall  be  entitled  "  Com- 
mittee on  Finances."  The  three  delegates  of  the  Powers  shall  be 
renewed  every  year.    They  shall  be  reeligible. 

Subject  to  ratification  by  the  Board,  this  Committee  shall  fix  the 
salary  of  the  employees  of  every  grade;  it  shall  decide  on  the  perma- 
nent and  the  unforeseen  expenses.  Every  three  months,  at  a  special 
meeting,  it  shall  make  a  detailed  report  on  its  management  to  the 
Board.  Within  three  months  following  the  expiration  of  the  bud- 
getary year,  the  Board,  upon  the  recommendation  of  the  Committee, 
shall  strike  a  final  balance  and  transmit  it  through  its  President  to 
the  Ministry  of  the  Interior. 

The  Board  shall  prepare  the  budget  of  its  receipts  and  that  of  its 
expenditures.  This  budget  shall  be  adopted  by  the  Cabinet,  at  the 
same  time  as  the  general  budget  of  the  Government,  as  an  annexed 
budget.  In  case  the  expenditures  should  exceed  the  receipts,  the 
deficit  shall  be  covered  from  the  general  resources  of  the  Nation. 
However,  the  Board  shall  without  delay  examine  into  the  means  of 
balancing  the  receipts  and  expenditures.  Its  recommendations  shall 
be  transmitted  by  the  President  to  the  Minister  of  the  Interior.  Any 
surplus  that  may  exist  shall  accrue  to  the  treasury  of  the  Sanitary, 
Maritime,  and  Quarantine  Board ;  it  shall,  after  a  decision  is  reached 
by  the  Sanitary  Board  and  ratified  by  the  Cabinet,  be  devoted  ex- 
clusively to  the  creation  of  a  reserve  fund  for  use  in  emergencies. 

Art.  25.  The  President  shall  be  obliged  to  order  voting  done  by 
secret  ballot  whenever  three  members  of  the  Board  so  request.  Vot- 
ing by  secret  ballot  shall  be  compulsory  whenever  it  is  a  question  of 
the  choice  of  Delegates  of  the  Powers  to  form  part  of  the  Disci- 
plinary Committee  or  of  the  Committee  on  Finances  and  when  it  is 
a  question  of  appointing,  dismissing,  transferring,  or  promoting 
employees. 

Art.  26.  The  Governors,  Prefects  of  Police,  and  ISIudirs  shall  be 
responsible,  as  far  as  concerns  them,  for  the  enforcement  of  the  sani- 
tary regulations.  They,  as  well  as  the  civil  and  military  authorities, 
shall  give  their  assistance,  whenever  legally  called  upon  by  the  agents 
of  the  Sanitary,  Maritime,  and  Quarantine  Service,  in  order  to  insure 
the  prompt  enforcement  of  the  measures  taken  in  the  interest  of 
public  health. 

76844°— S.  Doc.  1063,  62-63 29 


436 

Art.  27.  All  previous  decrees  and  regulations  are  repealed  as  far 
as  contrary  to  the  foregoing  provisions. 

Art.  28.  Our  Minister  of  the  Interior  is  intrusted  with  the  enforce- 
ment of  the  present  decree,  whicli  sliall  not  be  enforceable  until 
November  1,  1893. 

Done  in  the  Palace  of  Ramleh,  June  19,  1893. 

Abbas  Hilmi. 

By  the  Khedive: 

RiAZ, 

Head  of  the  Cabinet,  Minister  of  the  Interior.^ 

Kh^dival  decree  of  Decemher  25,  1894,  providing  fvnds  to  cover  the 
deficits  of  the  quarantine  board,  and  to  meet  the  extraordinary 
expenses  necessitated  by  the  fitting  up  of  the  sanitary  establish- 
ments for  Tor,  Su£z,  and  Moses  Spring. 

We,  Khedive  of  Egypt,  on  the  recommendation  of  Our  Minister  of 
Finance,  with  the  advice  and  consent  of  our  Cabinet,  with  the  con- 
sent of  the  Commissioner-Directors  of  the  Public  Debt  Fund  as  re- 
gards article  7,  and  with  the  consent  of  the  Powers,  decree: 

Art.  1.  Beginning  with  the  fiscal  year  1894,  there  shall  be  deducted 
annually  from  the  present  receipts  of  lighthouse  dues  the  sum  of 
40,000  pounds  Egyptian,  which  shall  be  employed  as  explained  in 
the  following  articles. 

Art.  2.  The  sum  deducted  in  1894  shall  be  used:  1)  To  cover  any 
deficit  during  the  fiscal  year  1894  of  the  Quarantine  Board,  in  case 
it  has  been  impossible  to  entirely  cover  such  deficit  with  the  resources 
derived  from  the  reserve  fund  of  said  Board,  as  will  be  stated  in  the 
following  article;  2)  to  meet  the  extraordinary  expenses  necessitated 
by  the  fitting  up  of  the  sanitary  establishments  of  Tor,  Suez,  and 
Moses  Spring. 

Art.  3.  The  present  reserve  fund  of  the  Quarantine  Board  will  be 
used  to  cover  the  deficit  of  the  fiscal  year  1894.  and  it  shall  not  be 
reduced  to  an  amount  less  than  10,000  pounds  Egyptian. 

If  the  deficit  should  not  be  fully  covered,  the  remainder  shall  be 
met  with  the  resources  created  in  article  1. 

Art.  4.  From  the  sum  of  80,000  pounds  Egyptian  derived  from  the 
fiscal  years  1895  and  1896  there  shall  be  deducted:  1)  An  amount 
equal  to  that  which  has  been  paid  out  in  1894  from  the  same  receipts, 
to  be  applied  to  the  deficit  of  said  year  1894,  so  as  to  bring  up  to 
40,000  pounds  Egyptian  the  sums  allotted  to  the  extraordinary  works 
provided  for  in  article  1  for  Tor,  Suez,  and  Moses  Spring;  2)  the 
sums  necessary  in  order  to  cover  the  deficit  of  the  budget  of  the 
Quarantine  Board  for  the  fiscal  years  1895  and  1896. 

After  the  aforementioned  deduction  has  been  made,  the  surplus 
shall  be  devoted  to  the  construction  of  new  lighthouses  in  the  Red 
Sea. 

Art.  5.  Beginning  with  the  fiscal  year  1897,  this  annual  sum  of 
40,000  Egyptian  pounds  shall  be  used  to  cover  possible  deficits  of  the 
Quarantine  Board.  The  amoimt  necessary  for  this  purpose  shall 
be  conclusively  determined  by  taking  as  a  basis  the  financial  results 
of  the  fiscal  years  1894  and  1895  of  the  Board. 


437 

The  surplus  shall  be  devoted  to  a  reduction  in  the  liglithouse  dues, 
it  bein<^  understood  that  these  dues  sliall  be  reduced  in  the  same  pro- 
portion in  the  Red  Sea  and  the  Mediterranean. 

Art.  G.  In  consideration  of  the  aforementioned  deductions  and 
allotments  the  Government  shall,  bef^inning  witii  1894,  be  relieved 
of  any  obligation  in  regard  to  the  expenses,  ordinary  or  extraordi- 
nary, of  the  Quarantine  Board. 

It  is  understood,  however,  that  the  expenses  borne  hitherto  by 
the  Egyptian  Government  shall  continue  to  be  borne  by  it. 

Art.  7.  Beginning  with  the  h.seal  year  181)4,  upon  tlie  settlement 
of  account  of  the  excesses  with  the  Public  Debt  Fund,  the  share  of 
these  excesses  due  the  Government  shall  be  increased  by  an  annual 
sum  of  20,000  pounds  Egyptian. 

Art.  8.  It  has  been  agreed  between  the  Egyptian  Government  and 
the  Governments  of  Germany,  Belgium.  Great  Britain,  and  Italy  that 
the  sum  allotted  to  a  reduction  of  the  lighthouse  dues,  in  accordance 
with  article  5  to  the  present  decree,  shall  be  deducted  from  the  sum 
of  40,000  pounds  Egyptian  provided  for  in  the  letters  annexed  to 
the  Commercial  Conventions  concluded  between  Egypt  and  said 
Governments. 

Art.  9.  Our  Minister  of  Finance  is  charged  with  the  enforcement 
of  the  present  decree. 

Done  at  the  Palace  of  Koubbeh,  December  25,  1894. 

Abbas  Kilmi. 

By  the  Khedive: 

N.    NUBAR, 

Head  of  the  Cabinet. 
Ahmer  Mazloum, 

Minister  of  Finance. 
BouTRos  Ghali, 

Minister  of  Foreign  Affairs. 

Ministerial  decision  of  June  19,  1893,  concerning  the  operation  of  the 
sanitary,  maritime,  and  quarantine  sei'vice. 

The  Minister  of  the  Interior,  in  view  of  the  Decree  of  June  19, 
1893,  decides: 

Title  I.  The  Sanitary,  Maritime,  and  Quarantine  Board. 

Art.  1.  The  President  shall  be  obliged  to  convene  the  Sanitary, 
Maritime,  and  Quarantine  Board  in  regular  session  on  the  first 
Tuesday  of  each  month. 

He  shall  likewise  be  obliged  to  convene  it  whenever  three  members 
so  request. 

He  shall,  finally,  convene  the  Board  in  extra  session  whenever  cir- 
cumstances demand  the  immediate  adoption  of  an  important  measure. 

Art.  2.  The  letter  of  convocation  shall  indicate  the  questions  to 
be  considered.  Except  in  cases  of  urgency,  no  final  decisions  shall 
be  made  on  any  but  questions  mentioned  in  the  letter  of  convocation. 

Art.  3.  The  secretary  of  the  Board  shall  prepare  the  minutes  of 
the  meetings. 

These  minutes  must  be  presented  for  signature  to  all  the  members 
who  have  attended  the  meeting. 


438 

They  shall  be  copied  in  fiill  on  a  register  which  shall  be  preserved 
in  the  archives  concurrently  with  the  original  minutes. 

A  provisional  copy  of  the  minutes  shall  be  delivered  to  any  mem- 
ber of  the  Board  so  requesting. 

Art.  4.  A  Permanent  Board  composed  of  the  President.  Inspector 
General  of  the  Sanitary,  Maritime,  and  Quarantine  Service,  and  two 
Delegates  of  the  Powers  elected  by  the  Board,  shall  be  charged  with 
making  decisions  and  taking^  measures  in  urgent  matters. 

The  Delegates  of  the  Nation  interested  shall  always  be  summoned 
to  attend,  and  shall  be  entitled  to  vote. 

The  President  shall  vote  only  in  case  of  a  tie. 

The  decisions  shall  be  communicated  at  once  by  letter  to  all  the 
members  of  tlie  Board. 

This  Board  shall  be  renewed  every  three  months. 

Art.  5.  The  President,  or,  in  his  absence,  the  Inspector  General  of 
the  Sanitary.  Maritime,  and  Quarantine  Service,  shall  direct  the  de- 
liberations of  the  Board,  but  shall  vote  only  in  case  of  a  tie. 

The  President  shall  have  general  direction  of  the  service.  lie 
shall  be  charged  with  causing  the  enforcement  of  the  decisions  of 
the  Board. 

SECRETARIAT. 

Art.  7.  The  secretary  of  the  Board,  chief  of  the  secretariat,  shall 
"  centralize "  the  correspondence  with  the  Ministry  of  the  Interior 
and  the  various  agents  of  the  Sanitary,  Maritime,  and  Quarantine 
Service. 

It  shall  be  in  charge  of  the  statistics  and  archives.  It  shall  have 
added  to  it  clerks  and  interpreters  in  sufficient  number  to  attend  to 
the  discharge  of  business. 

Art.  7.  The  secretary  of  the  Board,  chief  of  the  secretariat,  shall 
attend  the  meetings  of  the  Board  and  prepare  the  minutes. 

He  shall  have  under  his  orders  the  employees  and  servants  of  the 

secretariat. 

He  shall  direct  and  supervice  their  work,  under  the  authority  of 

the  President. 

He  shall  have  custody  of  and  be  responsible  for  the  archives. 

BUREAU   or  ACCOUNTS. 

Art.  8.  The  chief  of  the  central  bureau  of  accounts  shall  be  "  the 
accounting  officer." 

He  shall  not  be  permitted  to  assume  office  until  he  has  furnished 
a  bond  the  amount  of  which  shall  be  fixed  by  the  Sanitary,  Maritime, 
and  Quarantine  Board. 

He  shall,  under  the  direction  of  the  Committee  on  Finance,  super- 
vise the  operations  of  the  employees  whose  duty  it  is  to  receive  the 
sanitary  and  quarantine  dues. 

He  shall  draw  up  the  statements  and  accounts  which  are  to  be 
transmitted  to  the  Ministry  of  the  Interior  after  being  adopted  by 
the  Committee  on  Finance  and  approved  by  the  Board. 

THE   SANITARY   INSPECTOR  GENERAL. 

Art.  9.  The  sanitary  inspector  general  shall  have  supervision  of 
all  the  services  under  the  Board.     He  shall  exercise  this  supervision 


439 

under  the  conditions  provided  in  article  19  of  the  Decree  dated  June 
19,  1893. 

He  shall,  at  least  once  a  year,  inspect  each  of  the  sanitary  offices, 
agencies,  or  posts. 

Besides,  the  President  shall,  upon  the  recommendation  of  the  Coun- 
cil and  according  to  the  needs  of  the  service,  delerniino  the  inspec- 
tions which  the  Inspector  General  shall  make. 

In  case  of  impediment  of  the  Inspector  General,  the  President 
shall  designate,  with  the  consent  of  the  Board,  the  oflicial  who  is  to 
take  his  place. 

Every  time  the  Inspector  General  has  visited  an  olTice,  agency, 
sanitary  post,  sanitary  station,  or  quarantine  camp,  he  shall  give  an 
account  to  the  President  of  the  Board,  in  a  special  report,  of  the 
results  of  his  inspection. 

During  the  intervals  between  his  rounds  of  inspection,  the  In- 
spector General  shall,  under  the  authority  of  the  President,  take  part 
in  the  direction  of  the  general  service.  He  shall  take  the  place  of 
the  President  in  case  of  absence  or  impediment. 

Title  II. — Service  of  Ports,  Quarantine  Stations,  and  Sanitary 

Stations. 

Art.  10.  The  sanitary,  maritime,  and  quarantine  policing  along  the 
Eg^'ptian  coast  of  the  Mediterranean  and  Red  Seas,  as  well  as  on  the 
land  frontiers,  in  the  direction  of  the  desert,  shall  be  intrusted  to  the 
directors  of  the  health  offices,  the  directors  of  sanitary  stations  or 
quarantine  camps,  the  chiefs  of  sanitary  agencies  or  sanitary  posts, 
and  the  employees  under  their  orders. 

Art.  11.  The  directors  of  the  health  offices  shall  have  the  direction 
of  and  be  responsible  for  the  service  both  of  the  office  at  the  head  of 
wdiich  they  are  placed  and  of  the  sanitaiy  posts  thereunder. 

They  shall  see  to  the  strict  enforcement  of  the  regulations  on  sani- 
tary, maritime,  and  quarantine  police.  They  shall  obey  the  instruc- 
tions they  receive  from  the  President  of  the  Board  and  shall  give  the 
necessary  orders  and  instructions  to  all  the  employees  of  their  office, 
as  well  as  to  the  employees  of  the  sanitary  posts  attached  thereto. 

They  shall  be  charged  with  the  examination  and  speaking  of  vessels 
and  with  the  application  of  the  Quarantine  measures,  and,  in  the 
cases  provided  by  the  regulations,  they  shall  proceed  to  make  medical 
inspections  and  inquiries  regarding  violations  of  quarantines. 

In  administrative  matters  they  shall  correspond  only  with  the 
President,  to  whom  they  shall  transmit  all  sanitary  information  which 
they  gather  while  discharging  their  duties. 

Art.  12.  In  regard  to  salary  the  directors  of  the  health  offices  shall 
be  divided  into  two  classes: 

The  first  class  offices,  which  are  four  in  number,  viz:  Alexandria, 
Port  Said,  Suez  Basin  and  camp  at  Moses  Spring,  and  Tor. 

The  second  class  offices,  three  in  number,  viz:  Damietta,  Souakim, 
and  Kosseir. 

Art.  13.  The  chiefs  of  the  sanitary  agencies  shall  have  the  same 
duties  and  powers,  as  regards  the  agency,  as  the  director's  as  regards 
their  office. 

Art.  14.  There  shall  be  a  single  agency  at  El  Ariche. 


440 

Art,  15.  The  chiefs  of  the  sanitary  posts  shall  have  under  their 
orders  the  employees  of  the  post  which  they  are  directing.  They 
shall  be  under  the  orders  of  the  director  of  one  of  the  health  offices. 

They  shall  not  be  permitted  to  issue  any  bill  of  health  or  author- 
ized to  vise  any  bills  of  health  except  those  of  vessels  departing  with 
pratique. 

They  shall  compel  vessels  arriving  at  their  ports  with  a  foul  bill  of 
health  or  under  irregular  conditions  to  put  into  a  port  where  there 
is  a  health  office. 

They  can  not  make  sanitary  inquests  themselves,  but  they  must  call 
upon  the  director  of  their  office  for  this  purpose. 

Outside  of  cases  of  absolute  urgency,  they  shall  coiTcspond  only 
with  this  director  in  all  administrative  matters.  In  urgent  sanitary 
and  quarantine  matters,  such  as  the  measures  to  be  taken  in  regard 
to  an  arriving  vessel,  or  the  annotation  to  be  made  on  the  bill  of 
health  of  a  departing  vessel,  they  shall  correspond  directly  with  the 
President  of  the  Board;  but  they  must  communicate  this  correspond- 
ence to  their  director  without  delay. 

They  shall  be  obliged  to  give  notice,  bj^  the  quickest  route,  to  the 
President  of  the  Board  regarding  shipwrecks  of  which  they  have 
knowledge. 

Aet.  16.  The  sanitaiy  posts  shall  be  six  in  number,  as  follows: 

Posts  of  Port  Neuf,  Aboukir,  Brullos,  and  Rosetta,  under  the  Alex- 
andria office. 

Posts  of  Kantara  and  of  the  inland  port  of  Ismailia,  under  the 
Port  Said  office. 

The  Board  may  create  new  sanitary  posts,  according  to  the  needs 
of  the  service  and  its  resources. 

Art.  17.  The  permanent  or  temporary  service  of  the  sanitary  sta- 
tions and  quarantine  camps  shall  be  intrusted  to  directors  having 
under  their  orders  sanitary  employees,  guards,  porters,  and  ser^'ants. 

Art.  18.  It  shall  be  the  duty  of  the  directors  to  compel  persons  sent 
to  the  sanitary  station  or  the  camp  to  submit  to  quarantine.  They 
shall  cooperate  with  the  physicians  in  isolating  the  different  categories 
of  quarantined  persons  and  in  preventing  any  jeopardization.  Upon 
the  expiration  of  the  period  fixed,  they  shall  grant  or  withhold 
pratique  in  accordance  with  the  regulations,  cause  merchandise  and 
wearing  apparel  to  be  disinfected,  and  apply  quarantine  to  the  persons 
employed  in  this  operation. 

Art.  19,  They  shall  exercise  constant  supervision  over  the  execu- 
tion of  the  measures  prescribed,  as  well  as  over  the  state  of  health  of 
the  quarantined  persons  and  the  employees  of  the  establishment. 

Art.  20.  They  shall  be  responsible  for  the  progress  of  the  service 
and  shall  give  an  account  thereof,  in  a  daily  report,  to  the  President 
of  the  Sanitary,  Maritime,  and  Quarantine  Board, 

Art.  21.  The  physicians  attached  to  the  sanitary  stations  and 
quarantine  camps  shall  be  under  the  directors  of  these  establish- 
ments. They  shall  have  the  druggists  and  hospital  attendants  under 
their  orders. 

They  shall  watch  over  the  state  of  health  of  the  quarantined  per- 
sons and  of  the  employees,  and  shall  direct  the  infirmary  of  the  sani- 
tary station  or  of  the  camp. 

Pratique  shall  not  be  granted  to  persons  in  quarantine  until  an 
inspection  and  favorable  report  have  been  made  by  the  physician. 


I 


441 

Art.  22.  In  each  sanitary  office,  sanitary  station,  or  quarantine 
camp,  the  director  shall  also  be  "  account ino^  officer." 

He  shall,  under  his  own  actual  personal  responsibility,  designate 
the  employee  to  be  in  charge  of  the  receipt  of  the  sanitary  and  quar- 
antine dues. 

The  chiefs  of  sanitary  agencies  or  posts  shall  also  be  accounting 
officers,  and  shall  be  personally  charged  with  collecting  the  dues. 

The  agents  charged  with  the  collection  of  the  dues  must  conform, 
as  regards  the  guarantees  to  be  given,  the  keeping  of  the  documents, 
the  time  of  payments,  and  in  general  everything  relating  to  the  finan- 
cial part  of  their  service,  to  the  regulations  issued  by  the  Ministry  of 
Finance. 

Art.  23.  The  expenses  of  the  Sanitary,  Maritime,  and  Quarantine 
Service  shall  be  defrayed  with  the  means  at  the  disposal  of  the 
Board  itself,  or,  with  the  consent  of  the  Ministry  of  Finance,  from 
such  fund  as  the  latter  may  designate. 

Cairo,  June  19,  1893. 

KlAZ. 

In  Executive  Session,  Senate  of  the  United  States, 

February  19,  1913. 
Resolved  {two-thirds  of  the  Senators  present  concurring  therein), 
That  the  Senate  advise  and  consent  to  the  ratification  of  a  conven- 
tion between  the  United  States  and  other  powers,  signed  at  Paris  on 
January  17,  1913,  modifying  the  international  sanitary  convention  of 
December  3,  1903 :  Provided,  That  the  Senate  advise  and  consent  to 
the  ratification  of  said  convention  with  the  understanding,  to  be 
expressed  as  a  part  of  the  instrument  of  ratification,  that  nothing 
contained  in  article  9  thereof  shall  be  deemed  to  prevent  the  United 
States  from  carrying  out  any  special  quarantine  measures  against  the 
infection  of  its  ports  which  might  be  demanded  by  unusual  sanitary 
conditions. 


ITALY. 

1913. 

Contention — Commerce  and  Navigation. 

Signed  at   Washington,  February  25,  191S;  ratification  advised  ly  tJie 

Senate,  February  £6,  1913. 

Aeticle  I.  Treaty  of  1871  amended. 

The  United  States  of  America  and  His  Majesty  the  King  of  Italy, 
desiring  to  define  more  accurately  the  rights  of  their  respective 
citizens  in  the  territories  of  the  other,  have  for  that  purpose  deter- 
mined to  conclude  a  treaty  amendatory  of  Article  III  of  the  Treaty 
of  Commerce  and  Navigation  of  February  26,  1871,  between  the 
two  countries,  and  have  named  as  their  respective  Plenipotentiaries: 

The  President  of  the  United  States  of  America:  Philander  C.  Knox, 
Secretary  of  State  of  the  United  States  of  America; 

His  Majesty  the  King  of  Italy:  The  Marquis  Cusani  Confalonieri, 
Commander  of  the  Order  of  Saint  Maurice  and  Saint  Lazarus,  Grand 
Cordon  of  the  Order  of  the  Crown  of  Italy,  etc.,  etc.,  His  Ambassador 
Extraordinary  and  Plenipotentiary  at  Washington: 

And  the  said  Plenipotentiaries  having  exhibited,  each  to  the  other, 
their  full  powers,  found  to  be  in  good  and  due  form,  have  concluded 
and  signed  the  following  articles: 

Aeticle  I. 

It  is  agreed  between  the  High  Contracting  Parties  that  the  first 
paragraph  of  Article  III  of  the  Treaty  of  Commerce  and  Navigation 
of  February  26,  1871,  between  the  United  States  and  Italy  shall  be 
replaced  by  the  following  provision: 

"The  citizens  of  each  of  the  High  Contracting  Parties  shall  receive 
in  the  States  and  Territories  of  the  other  the  most  constant  security 
and  protection  for  their  persons  and  property  and  for  their  rights, 
including  that  form  of  protection  granted  by  any  State  or  national 
law  which  establishes  a  civil  responsibility  for  injuries  or  for  death 
caused  by  negligence  or  fault  and  gives  to  relatives  or  heirs  of  the 
injured  party  a  right  of  action,  which  right  shall  not  be  restricted  on 
account  of  the  nationality  of  said  relatives  or  heirs;  and  shall  enjoy 
in  this  respect  the  same  rights  and  privileges  as  are  or  shall  be  granted 
to  nationals,  provided  that  they  submit  themselves  to  the  conditions 
imposed  on  the  latter." 

(442) 


443 
Article  TT. 

The  present  Treaty  shall  be  ratified  by  the  President  of  the  United 
States,  by  and  with  the  advice  and  consent  of  the  Senate  thereof, 
and  by  Ilis  Majesty  the  Kinp;  of  Italy,  in  accordance  with  the  consti- 
tutional forms  of  that  Kin^^dom,  and  shall  go  into  operation  upon  the 
exchange  of  the  ratifications  thereof,  which  shall  be  effected  at  Wash- 
inton  as  soon  as  practicable. 

In  faith  whereof  the  Plenipotentiaries  of  the  High  Contracting 
Parties  have  signed  the  present  Treaty  in  duplicate  in  the  English 
and  Italian  languages,  and  have  affixed  thereto  their  respective  seals. 

Done  at  Washington  this  25th  day  of  February,  in  the  year  of  our 
Lord  one  thousand  nine  hundred  and  thirteen. 

[seal.]  Philander  C.  Knox. 

[seal.]  Cusani. 


I 


INDEX. 

Treaties,  conventions,  protocols,  and  agreements  not  In  force. 


I 


I 


American  Nations —  Pag*. 

Union  of,  constituted  for  protection  of  trade-marks,  1910 357 

Arbitration — 

convention  with  France  with  reference  to,  1911 380 

Great  Britain  with  reference  to,  1911 385 

conventions  for,  resolution  of  ratification,  1911 383,  388 

differences  arising  under  treaty  with  Panama,  1903,  subniiUfd  lu,  1909...  240 

differences  submitted  to;  special  agreement,  1911 380,385 

disagreements  concerning  wireless  telegraph  regulations  submitted    to, 

1912 190 

dividing  line  between  Panama  and  Colombia  to  be  in  part  established  by, 

_  1909 246 

joint  high  commission  of  inquiry  created  by  convention  for,  1911 381,  385 

authority  of,  1911 382,387 

oath  of  members  of ,  191 1 382,  387 

procedure  of,  1911 382,387 

pecuniary  claims,  agreement  to  submit  to,  I'JJ  U 346 

treaties  superseded,  1911 383,  388 

Argentine  Republic — 

naturalization,  "citizen "  defined  in  convention  with,  1909 344 

convention  with,  1909 343 

declaration  of  intention  has  not  the  effect  of,  1909 344 

presumption  as  to  renunciation  of,  1909 244 

reciprocal  recognition  of,  1909 343 

renunciation  of  by  citizens  of,  1909 343 

naturalized  citizen    liable  to  punishment  for  offense  committed  beforo 

emigration,  1909 344 

naturalized  citizen  not  liable  to  punishment  for  emigration,  1909 344 

Blockade — 

breach  of,  by  neutral  vessels,  1909 271 

capture  of  vessel  for  breach  of,  1909 271 

condemnation  of  vessel  and  cargo  for  breach  of,  1909 272 

declaration  of,  by  whom  made;  contents,  1909 270 

to  whom  addressed,  1909 270 

validity,  1909 270 

liability  to  capture  for  breach  of,  how  terminated,  1909 271 

must  be  declared  to  be  binding,  1909 270 

notification  of,  how  made  to  vessels  without  knowledge  of,  1909 27 1 

not  to  bar  access  to  neutral  ports,  1909 271 

presumption  as  to  knowledge  of,  1909 271 

question  of,  one  of  fact,  1909 269 

raising  or  restricting,  must  be  notified,  1909 271 

rules  of  declaration  and  notification  of,  apply  when  extended  or  reestab- 
lished, 1909 270 

to  what  limits  may  be  extended,  1909 2G9 

what  vessels  may  not  be  captured  for  breach  of,  1909 271 

when  binding,  1909 269 

when  permission  to  enter  may  be  given,  1909 270 

when  regarded  as  raised,  1909 269 

Canada,  wireless  telegraph  convention,  right  to  fiLx  separate  rates  reser%ed  h\, 

1912 194 

Canal  Zone — 

Products  of  Colombia  admitted  to  entry  in,  at  same  duty  as  those  of  the 

United  States,  1909 236 

Bupplies  to  Colombian  laborers  in,  admitted  free  of  duty,  1909 236 

(I) 


Treaties,  conventions,  protocols,  and  agreements  not  in  force. 

Page. 

Cargoes,  disposition  of,  by  prize  court,  1907 252 

Citizen,  definition  of,  Argentine  Republic,  1909 344 

Citizens — 

in  territories  of  Panama  and  Colombia,  how  determined,  1909 245 

not  liable  to  punishment  for  emigration,  Argentine  Republic,  1909 344 

Colombia.     {See  also  Panama-Colombia.) 

agreement  by,  to  revise  treaty  of  1846  with  New  Granada,  1909 237 

mails  of,  to  have  free  passage  through  Canal  Zone,  1909 236 

f rants  use  of  ports  to  United  States,  1909 237 

'anama  released  from  payment  of  any  part  of  debt  of,  1909 237 

products  of,  conveyed  over  railway,  pending  construction  of,  canal  at  rates 

charged  for  similar  products  of  the  United  States,  1909 236 

recognition  by,  of  independence  of  Panama,  1909 _ 237 

renounces  rijrhte  and  interest  in  contracts  relating  to  construction  of  canal, 

1909 ! 237 

ship  canal,  agents  and  officers  of,  entitled  to  free  passage  upon  railroad 

pending  coni^truction  of;  exception,  1909 236 

laborers  of,  employed  in  Canal  Zone,  supplies  for,  admitted  free  of  duty, 

1909 236 

products  of,  admitted  to  entry  in  Canal  Zone  at  same  duty  as  those  of  the 

United  States,  1909. 236 

ship  canal  convention  with,  1903 223 

1909 235 

ship  canal,  liberty  of  conveying  troops,  etc.,  through,  1909 235 

liberty  of  conveying  troops  over  railway  pending  construction  of,  1909.  236 
Colon — 

delimitation  of  city  of,  1909 240 

water  mains  and  distributing  system  of  city  of,  may  be  taken  over  by  Re- 
public of  Panama,  1909 240 

Commerce  and  navigation — 

convention  with  Italy  with  respect  to,  1913 -  - .  -  442 

treaty  of  1871  with  Italy  amended  with  respect  to  right  of  action  by  aliens 

for  damages,  1913 - 442 

Contraband  of  war,  lists  of  articles  treated  as  absolute  or  conditional,  1909 272, 

273, 274,  275, 276 
Convention — 

arbitration,  with  France,  1911 380 

with  Great  Britain,  1911 385 

commerce  and  navigation,  with  Italy,  1913 442 

copyright,  international,  1910 349 

industrial  property,  international,  respecting,  1911 367 

international  prize  court,  1907 248 

international  wireless  telegraph,  1912 185 

invention,  international,  concerning,  1910 362 

naturalization,  with  Ai^entine  Republic,  1909 343 

pecuniary  claims,  international,  with  respect  to,  1910 345 

sanitary,  international,  1913 390 

ship  canal,  Colombia,  1903 223 

Colombia,  1909 235 

between  Colombia  and  Panama,  1909 243 

Panama,  1909 239 

trade-marks,  international,  1910 354 

Copyright — 

addresses,  etc.,  may  be  published  without  authorization  of,  1910 351 

author  to  have  exclusive  power  of  disposing  of  property  under,  1910 350 

comity  of  recognition  of,  1910 - . . ; 350 

Government  having  supervision  of  production  and  publication  of,  1910 351 

illicit  reproductions,  wnat  considered,  1910 351 

literary  and  artistic^  international  convention  concerning,  1910 350 

•'literary  and  artistic  works,"  definition  of,  in  convention  with  respect  to, 

1910 350 

news  items  not  entitled  to  protection  of,  1910 351 

origin  of  country  of,  how  determined,  1910 351 

presumption  as  to  ownership  on,  1910 350 


in 

Treaties,  conventions,  protocols,  and  affreements  not  in  force. 

Copyright; — Continued.  Pajti. 
powers  to  acknowledge  and  protect,  in  conformity  with  stipulations  of  con- 
vention, 1!)10 349 

publications  infringing,  may  be  confiscated,  1910 351 

rcproductii)ns  for  instruction  not  prohibited  by,  1910 351 

reproduction  prohibited  without  consent  of  author,  1910 351 

term  of,  commence  to  run,  when,  1910 351 

ti'anslatious  protected  by,  1910 351 

what  works  not  entitled  to,  1910 351 

Coastal  stations,  definition  of,  international  wireless  telegraph  convention,  1912 .  186 

Damages — 

for  capture  determined  by  international  prize  court,  1907 263 

rules  of  procedure  in  actions  for,  before  prize  coiirt,  1907 263,  264 

Delegate  to  naval  conference — 

instructions  to,  1909 327-331 

report  of,  1909 332-342 

Designs.     {See  Inventions.) 

Emigration,  citizens  not  liable  to  punishment  for,  Argentine  Kepublic,  1909..  344 

France,  arbitration  convention  with,  1911 380 

Great  Britain ,  arbitration  convention  with,  1911 385 

Hague  tribunal ,  pecuniary  claims  to  bo  submitted  to,  1910 346 

Industrial  property — 

applications  for  protection  of,  time  of  filing  and  priority,  1911 370,371 

comity  of  protection  of  rights  in,  1911 370 

convention,  international,  respecting,  1911 .367 

subject  to  periodical  revision,  1911 374 

domicile  of  members  of  union,  obligation  of,  applied  to  rights  granted,  1911.  378 

exhibited  at  international  expositions,  protection  of  patents  of,  etc.,  1911..  373 

importation  of,  not  to  entail  forfeitiu-e,  1911 371 

time  limit  as  to  forfeiture,  for  non working,  1911 371 

International  Office  for  protection  of,  at  Berne,  imder  authority  of  Swiss 

Government,  1911 373 

patents  obtained  for,  in  one  State  independent  of  those  obtained  in  other 

States,  1911 371 

patent  offices  to  be  maintained  for  protection  of,  1911 373 

"patents,"  what  comprised  in  name  of,  1911 378 

protection  against  unfair  competition,  1911 373 

provisions  of  article  2,  of  convention  with  respect  to,  not  to  infringe  laws  of 

countries,  1911 378 

registration  of  trade-marks,  1911 372 

provisions  of  convention  with  reference  to,  modified,  1911 378 

right  reserved  to  make  special  agreements  for  protection  of,  1911 375 

rights  of  citizens  of  noncontracting  countries  m,  1911 370 

rules  and  procedure  of  international  rules  for  protection  of,  1911 373,374 

seizure  of,  bearing  illegal  trade-mark,  1911 372,  373 

term  of  priority  modified  by  protocol,  1911 378 

term  used  in  convention  with  respect  to,  defined  in  protocol,  1911 378 

trade  names  protected  without  filing,  1911 372 

International  convention.     {See  Convention.) 

International  Bureau — • 

created  to  protect  trade-marks,  1910 357 

establishment  of,  for  protection  of  industrial  property,  1911 373 

rules  and  procedure  of,  for  protection  of  industrial  property,  1911 373,  374 

to  protect  trade-mai'ks;  location  and  duties  of,  1910 357,  358 

rules  of  practice  and  procedure  of,  1910 359 

when  created,  1910 359 

International  Bureau  of  Telegraph  Union,  duties  of,  1912 _ 189 

International  law,  to  be  observed  by  prize  courts  in  deciding  question  of  law, 

1907... 252 

International  naval  conference,  1909  {see  also  Naval  conference) 266 

International  prize  court.     {See  also  Prize  court.) 

convention  with  respect  to,  1907 248 

judges  of,  appointment,  qualification,  privileges,  powers,  and  duties,  1907.  252, 

253,254,255 

International  wireless  telegiaph  convention.    {See  Wireleea.) 


TV 

Treaties,  convcntio'ns,  protocols,  and  agreements  not  in  force. 

Invention —  Page. 

application  for  patent  in  several  States,  1910 363 

certified  copies  of  patents  for,  given  full  faith  and  credit,  1910 364 

comity  of  right  to  enjoy  patent  for,  1910 363 

convention,  international,  concerning,  1910 362 

definition  of,  1910 364 

injuries  to  rights  of,  punished,  1910 364 

patents  refused  for,  on  what  grounds,  1910 364 

prexnous  treaties  superseded,  1910 365 

priority  of  patents  of,  how  decided,  1910 364 

rights  of  ownership  of,  1910 364 

time  or  priority  of  deposity,  in  foreign  state,  1910 363 

Inventions.     {See  also  Industrial  property.) 
Isthmian  railway.     {See  Ship  canal.) 
Italy- 
commerce  and  navigation  convention  with,  1913 442 

treaty  of  commerce  and  navigation,  1871,  with,  amended  with  respect  to 

right  of  action  by  aliens,  1913 442 

Joint  high  commission  of  inquirj^ — 

to  be  created  under  arbitration  convention,  1911 381,  386 

authority  of,  in  arbitration  cases,  1911 382,  387 

oath  of  members  of,  1911 382,  387 

procedure  of,  1911 - 382, 387 

Literary  and  artistic  copyright.     {See  CopjTight.) 

"Literary  and  artistic  works,"  definition  of,  copjTight  convention,  1910 350 

Merchant  ships,  validity  of  capture  of,  how  determmed,  1907 250 

Military  and  naval  stations,  subject  only  to  provisions  of  international  wireless 

convention  relating  to  disturbances  and  distress  calls,  1912 190 

Models.     {See  Inventions.) 

{See  also  Industrial  property.) 
Naturalization — 

" citizen"  defined  in  convention  for,  with  Argentine  Republic,  1909 344 

citizen  liable  to  trial  for  offense  committed  before  emigration,  Argentine 

Republic,  1909 344 

citizen  not  liable  to  punishment  for  emigration,  Argentine  Republic,  1909.  344 

convention  with  Argentine  Republic  concerning,  1909 343 

declaration  of  intention  has  not  the  effect  of,  Argentine  Republic,  1909. . .  344 

presumption  as  to  renunciation,  Argentine  Republic,  1909 344 

reciprocal  recognition  of,  Argentine  Republic,  1909 , 343 

renunciation  of,  Argentine  Republic,  1909 343 

Naval  conference: 

international,  1909 266 

blockade — 

breach  of,  by  neutral  vessels,  1909 271 

capture  of  vessel  for  breach  of,  1909 271 

condemnation  of  vessel  and  cargo  for  breach  of,  1909 272 

declaration  of — 

by  whom  made;  contents,  1909 270 

to  whom  addressed,  1909 270 

extension  of,  1909 269 

how  made  to  vessels  wdthout  knowledge  of,  1909 271 

liability  for  capture  for  breach  of,  how  terminated,  1909 271 

must  be  declared  to  be  binding,  1909 270 

not  to  bar  access  to  neutral  ports,  1909 271 

presumption  as  to  knowledge  of,  1909 271 

question  of,  one  of  fact,  1909. 269 

raising  or  restricting,  to  be  notified,  1909 271 

rules  of  declaration  and  notification  of,  apply  to  extended  or  reestab- 
lished, 1909 270 

to  be  applied  impartially,  1909 270 

validity  of  declaration,  1909 270 

what  vessels  may  not  be  captured  for  breach  of,  1909 27 1 

when  binding,  1909 269 

when  regn. ded  as  raised,  1909 269 

when  permission  to  enter  may  be  given,  1909 270 


I 


Treaties,  conventions,  protocols,  and  agreements  not  in  force. 

Naval  conference — Continued.  Paeo. 

call  of,  by  Great  Britain,  1909 320 

character  of  vessel  and  goods,  how  determined,  1900 279 

coudenijiation  of  vessel  auci  cargo  for  resistance  to  search,  1909 280 

contraband  of  war,  lists  of  articles  treated  as  absolute  or  conditional,  1909. .  272 

273,  274,  275, 276 

delegates  to,  report  of 332-342 

individual  belonging  to  armed  force  of  enemy  found  on  neutral  ship  to  be 

made  prisoner,  1909 277 

instructions  to  American  delegates  to,  1909 327-331 

neutral  vessels,  cargo,  and  papers,  disposition  of,  when  captured,  1909. . .  277,  278 

neutral  vessels  under  convoy  exempt  from  search;  exception,  1909 280 

penalty  for  unneutral  service,  by  neutral  vessels,  1909 276,  277 

powers  undertake  to  observe  rules  of,  1909 280 

provisions  of,  treated  as  a  whole,  1909 280 

report  of  drafting  committee  to 282-323 

rules  of  international  law  agreed  to  by,  1909 268 

rules  of  international  law  prescribed  by,  subject  to  reservation  by  certain 

nations  as  to  actions  against  them  in  prize  courts,  1909 323,  324,  325 

transfer  of  vessel  to  neutral  flag,  when  valid,  1909 278,  279 

unneutral  service  of  neutral  vessel,  what  constitutes,  1909 276-277 

vessel  wrongfully  captured  entitled  to  compensation,  1909 280 

Naval  and  military  stations: 

subject  to  provisions  of  international  wireless  convention  relating  to  dis- 
turbances and  distress  calls,  1912 190 

New  Granada,  treaty  of  peace  with,  of  1846,  to  be  revised  by  Colombia  and 

United  States,  1909 237 

New  Panama  Canal  Co.,  ownership  of  stock  in,  determined  in  convention  be- 
tween Panama-Colombia,   1909 245 

Panama.     (See  also  Panama-Colombia.) 

abandons  ownership  of  stock  in  new  Panama  Canal  Co.,  1909...-. 245 

assignments  of  payments  by,  to  Colombia,  1909 237,  239 

citizens  of,  to  have  same  privileges,  etc.,  in  respect  to  use  of^nal,  etc.,  as 

citizens  of  most  favored  nation,  1909 241 

delimitation  of  city  of,  1909 240 

differences  arising  under  treaty  of  1903  with,  submitted  to  arbitration,  1909.  240 

recognition  of  independence  of,  by  Colombia,  1909 237 

reciprocal  liberty  of  commerce  and  navigation  between  citizens  of  IJnited 

States  and,  1909. 241 

release  from  obligation  for  payment  of  debt  of  Colombia,  1909 237 

ship  canal  convention  with,  1909 239 

when  to  become  operative 242 

ship  canal,  resolution  of  ratification  of  convention  of  1909,  with 242 

treaty  of  1903  with,  amended,  1909 239 

treaty  of  1903,  executive  orders  under  to  conform  to  meaning  of,  1909 241 

water  mains  and  distributing  system  of  city  of,  may  be  taken  over  by 

Republic  of,  1909 240 

Panama-Colombia — 

additional  treaties  between,  covering  questions  of  commerce,  etc.,  to  be 

entered  into,  1909 246 

assignment  by  Panama  to  Colombia  of  payments  due  from  the  United 

States  in  convention  between,  1909 244 

dividing  line  between  Republics  of,  established  in  part,  1909 246 

to  be  in  part  established  by  arbitration,  1909 246 

independence  of  Panama  recognized  in  convention  between,  1909 243 

ownership  of  stock  of  new  Panama  Canal  Co.  determined  in  convention 

between,  1909 245 

release  of  pecuniary  claims  and  obligations  by  convention  between,  1909..  244 

ship  canal,  joint  convention  with  respect  to,  1909 243 

when  to  go  into  effect,  1909. ._. 247 

status  of  citizens  of  each  residing  in  territory  of  other,  1909 245 

territory  of  either  Republic  not  to  be  increased  at  the  expense  of  the  other, 

1909 246 

Panama  Canal.    (See  Ship  canal.) 


▼I 

Treaties,  conventions,  protocols,  and  agreements  noi  in  force. 

Page, 
Patent  Office,  to  be  raaintained  xixider  pro^'ision8  of  international  industrial 

property  convention,  1911 373 

Paten ta.     (See  Inventions.) 

(See  also  Industrial  property.) 
Pecuniary  clainiB — 

agreement  to  submit  to  arbitration,  1910 346 

international  convention  with  reference  to,  1910 345 

Ports,  use  of,  granted  United  States  by  Colombia,  1909 237 

Prize  court — 

appointment  of  judges  of,  condition  precedent  to  deposit  of  ratification  of 

international  convention,  1907 259 

disposition  of  vessel  and  award  of  damages  by,  1907 252 

distribution  of  judges  of,  1907 ._. 260,  261 

in  deciding  question  of  law,  to  observe  provisions  of  treaties  in  force,  and 

international  law,  1907 251 

international  convention  with  respect  to,  1907 248 

international,  beginning  of  jurisdiction  of,  1907 260 

not  to  determine  validity  of  capture  in  action  for  damages,  1907 263 

rules  of  procedure  in  action  for  damages  brought  before,  1907 263,  264 

international  law  referred  to  in  convention  respecting,  defined,  1909 266 

judges  of  international,  appointment,  qualification,  privileges,  powers  and 

duties  of,  1907 , 252,253,254,255 

judgment  of  national,  in  what  cases  brought  before  international,  1907 250-251 

jurisdiction  of  international,  upon  appeal,  1907 251 

jurisdiction  of  local,  1907 _ 250 

only  contracting  power  to  exercise  the  right  of  appeal  to  international,  1907 .  259 

powers  to  submit  to  decisions  of  international,  1907 252 

procedure  in  international,  1907 255,  256,  257, 258,  259 

provisions  of  convention  with  respect  to,  when  to  apply  as  of  right,  1907 359 

recourse  to  intfernational,  against  certain  powers  to  be  in  form  of  actions  in 

damages,  1907 263 

resolution  of  ratification  of  international  convention  for,  1907 262 

suit  for  damages,  how  brought  before,  1907 263 

validity  of  capture  of  merchant  ships,  how  decided  by,  1907 250 

Protocol — ' 

industrial  property,  convention  with  respect  to,  modified  by,  1911 378 

international  prize  court,  modification  of  international  convention  by,  1907 .  262 

naval  conference,  modified  by,  1909 323 

wireless  telegraph  convention,  additional  agreement  by,  1912 194 

Radiograms.     (See  Wireless  telegraph  convention.) 

Radiotelegraphy,  provisions  of  international  telegraph  convention,  St.  Peters- 
burg, 1875,  applicable  to,  1912 190 

Report  of  drafting  committee  to  naval  conference,  1909 282-323 

Sanitary  convention,  international 390 

appendices,  1913 430 

Khedival  decree,  June  19,  1893,  1913 431 

Khedival  decree,  December  25,  1894,  1913......... 436 

measures  of  defense  against  contaminated  territories,  1913 402 

measures  of  defense  against  contaminated  territories — 
in  porta  and  at  maritime  frontier? — 

classification  of  vessels 404 

measures  concerning  plague 404 

concerning  cholera 406 

concerning  yellow  fever 407 

provisions  common  to  all 407 

land  frontiers — travelers,  etc.,  1913 409 

merchandise— disinfection,  importation,  and  transit— baggag,  1913. .  402,  403 

notification  of  the  prescribed,  1913 402 

penalties 426 

provisions  applicable  to  Orient  and  Far  East,  1913 410 

pilgrimages,  1913 417 

ministerial  decisions  of  June  19,  1893,  1913 437 

regulations  concerning  passage  of  quarantine  trains  through  Egyptian  ter- 
ritory, 1913 430 


vn 

Treaties,  conventions,  protocols,  and  agreements  not  in  force. 

Sanitary  convention,  international — Convention.  Page. 

resolution  of  ratification,  1013 441 

rulea  to  be  observed  by  countries  signinj^,  1913 399 

area,  when  considered  contaminated  or  healthy,  1913 400 

measures  in  contaminated  ports  on  departure  of  vessel,  1913 401 

notification  and  subsequent  communications,  1913 399,  400 

Burveillance  and  execution,  1913 427 

Ship  canal — 

a--8ignment  by  Republic  of  Panama  to  the  Republic  of  Colombia  right  to 

receive  payment  from  United  States,  1909 237-239 

citizens  of  Panama  to  have  same  privileges  in  respect  to  use  of,  as  those  of 

most-favored  nation,  1909 241 

Colombia,  agents  and  employees  of,  entitled  to  free  passage  on  railroads 

pending  construction;  exception,  1909 236 

to  have  liberty  of  conveymg  troops,  materials  for  war,  and  ships  of  war 

through,  1909 235 

to  have  liberty  of  conveying  troops  over  railroad  pending  construc- 
tion of ,  1909 236 

Colombian  mails,  free  passage  through,  1909 236 

Colombian  products  admitted  to  entry  into  zone  of,  at  same  duty  as  those 

of  the  United  States,  1909 236 

convention  with  Colombia  with  reference  to,  1903 223 

with  reference  to,  1 909 235 

convention  with  Panama  with  reference  to,  1909 239 

when  to  become  operative 242 

pending  construction  of,  products  of  Colombia  conveyed  over  railway  at 

lowest  rates,  1909 236 

renunciation  by  Colombia  of  rights  and  contracts  relating  to  construction 

of ,  1909 ■ 237 

resolution  of  ratification  of  treaty  of  1909  with  Panama  respecting 242 

supplies  for  Colombian  laborers  on,  admitted  free  of  duty,  1909 236 

Trade-marks.     {See  also  Industrial  property.) 

commercial  names  protected  without  deposit  or  registration  whether  or 

not,  1910 357 

annullment  of  registration  of,  1910 356 

comity  of  recognition  of,  1910 355 

fees  for  protection  of,  in  foreign  States,  1910 355 

time  within  which  to  be  paid ;  priority,  1910 355 

international  convention  respecting,  1910 254 

international  bureau  to  protect,  location  and  duties  of,  1 910 357-358 

rules  and  procedure  of,  1910 359 

when  to  be  created,  1910 359 

ownership  of,  includes  what  rights,  1910 356 

previous  treaties  substituted,  1910 359 

priority  of  deposit  of,  how  determined,  1910 356 

prosecution  for  falsification,  etc.,  of,  1910 356 

union  of  American  nations  constituted  to  protect,  1910 357 

what  to  be  considered  as,  1910 356 

Translations,  protected  by  copyright,  1910 _     351 

Treaties,  to  be  observed  by  prize  courts  in  deciding  questions  of  law,  1907..  251-252 
Treaty.     (See  Convention.) 
Vessel — 

cargo  and,  condemnation  of,  for  resistance  to  search,  1909 280 

character  of  goods  and,  how  determined,  1909 279 

disposition  of,  by  prize  court,  1907 252 

neutral,  not  subject  to  capture  for  having  on  board  member  of  armed  force 

of  enemy,  1909 277 

disposition  of  cargo,  papers  and,  when  captured,  1909 277,  278 

engaged  in  unneutral  service,  penalty  for,  1909 277 

under  convoy,  exempt  from  search;  exception,  1909 280 

when  considered  engaged  in  unneutral  service,  1909 276-277 

transfer  of,  to  neutral  flag,  when  valid,  1909 278,  279 

wrongfully  captured  entitled  to  compensation,  1909 280 

76844°— S.  Doc.  1063,  62-63 30 


vni 

Treaties,  conventions,  protocols,  on4  agreements  not  in  force. 

Wireless-telegraph  convention —  Page. 

international,  1912 1 85 

additional  agreement  with  reference  to,  pro\'ided  for  in  protocol,  1912 194 

all  radio  installation  subject  to  pro\dsion8  with  reference  to  disturbance 

and  distress  calls,  1 912 189 

coastal  stations  defined  by,  1912 186 

certain  provisions  of  international  telegraph  convention,  St.  Petersbui^, 

1875,  applicable  to  radio-telegraphy,  1912 190 

conference  to  modify,  make  regulations,  how  composed,  1912 188 

connection  with  telegraph  system  provided  for,  1912 186 

disagreement  concerning  regulations  submitted  to  arbitration,  1912 190 

distress  calls  to  have  priority,  1912 187 

exchange  of  radiograms  to  be  facilitated,  1912 187 

International  Bureau  of  the  Telegraph  Union  to  collect  and  publish  infor- 
mation, 1912 189 

international  bureau  to  perform  administrative  work  referred  to  it,  1912..       189 

laws  of  powers  to  be  communicated  to  each  other,  1912 190 

legislation  to  carry  out  measures  provided  for  in,  1912 190 

modification  of  international,  provided  for,  1912 187 

naval  and  military  stations  subject  only  to  provisions  of,  referring  to  dis- 
turbance and  distress  calls,  1912 190 

provisions  of,  bo  apply  to  all  radio  stations  open  to  public  service,  1912 186 

radiograms  to  be  exchanged  without  distinction  of  system  adopted ;  excep- 
tions, 1912 186 

rates  for  transmitting  radiograms,  1912 187 

rates  fixed  by,  abstained  from  by  United  States,  1912 194 

regulations — 

accounts  and  payment  of  charges,  1912 213,  214 

collection  of  charges,  1912: 205 

delivery  of  radiograms  at  destination,  1912 210,  211 

form  of  posting  radiotelegrams,  1912 203 

hours  of  service  of  stations,  1912 202,  203 

international  bureau,  1912 214,  215 

meteorological  radiograms,  time  signals,  and  other  radiograms,  1912.  215,216 

miscellaneous  provisions,  1912 216,  217 

organization  of  radio  stations,  1912 198, 199,  200,  201,  202 

rates 203,204,205 

rebates  and  reimbursements,  1912 212,  213 

special  radiograms,  1912 211,  212 

transmission  of  radiograms  and  signals,  1912 205,  206, 207, 208, 209, 210 

resolution  of  ratification  of,  1912 222 

rates,  right  to  fix,  reserved  by  Canada,  1912 194 

regulations  to  have  same  effect  as  international,  1912 187 

right  reserved  to  fix  rates  from  stations  not  subject  to  provisions  of,  1912..       189 

special  communications  not  subject  to  public  regulations,  1912 187 

stations  not  to  disturb  each  other,  1912 187 

voting  power  in  conference,  1912 188 


o 


